Jones v. State
Decision Date | 26 May 2000 |
Parties | Eric JONES v. STATE. |
Court | Alabama Court of Criminal Appeals |
Eric Jones, pro se.
Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.
Eric Jones appeals from the circuit court's summary denial of his Rule 32, Ala.R.Crim.P., petition for postconviction relief. The petition challenges his August 23, 1996, convictions and sentences for reckless endangerment, resisting arrest, and robbery in the first degree. On September 25, 1996, Jones was sentenced respectively as follows for each conviction: one year's imprisonment and a $1000 fine; six months' imprisonment and a $500 fine; and life imprisonment without parole and a $2000 fine. On direct appeal, Jones's appointed appellate counsel filed a "no-merit" brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which counsel asserted that there were no preserved issues that warranted reversal on direct appeal. Jones was afforded the opportunity to file, pro se, points and issues with the appellate court, but he did not do so. This Court affirmed Jones's direct appeal, by an unpublished memorandum, concluding that "we must agree with Jones's counsel that there are no preserved issues that warrant reversal on direct appeal."1 Jones v. State, 725 So.2d 1082 (Ala.Crim.App.1997) (table). The certificate of judgment was issued on September 23, 1997. On September 9, 1999, Jones filed this Rule 32 petition.
In his petition, Jones made the following claims:
The State filed no response to Jones's petition. The circuit court entered the following order, denying the claims presented in the petition:
"The Court having considered the petition finds that no material issue of fact or law exists which would entitle the Petitioner to relief and that no further purpose would be served by further proceedings; therefore, accordingly, the petition is dismissed."
C.R. 5, 103, 110.
On appeal Jones contends the following:
State's brief at page 6.
We note that the procedures to be followed on direct appeal when appellate counsel finds that an appeal would be frivolous are set forth in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967):
386 U.S. at 744, 87 S.Ct. 1396 (emphasis added).
Jones claims that the summary dismissal of his Rule 32 petition was improper because the State did not file a response. The circuit court may summarily dispose of a Rule 32 petition without benefit of a response from the State. "`Where a simple reading of the petition for post-conviction relief shows that, assuming every allegation of the petition to be true, it is obviously without merit or is precluded, the circuit court [may] summarily dismiss that petition without requiring a response from the district attorney.'" Tatum v. State, 607 So.2d 383, 384 (Ala.Crim.App. 1992).
Jones's claims of ineffective assistance as to appellate counsel are procedurally precluded for the following reasons. Pursuant to Anders, upon receipt of appellate counsel's...
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