Jackson v. State
Jackson v. State
Opinion of the Court
The appellant, Coleman Jackson, appeals the circuit court’s summary denial of his A.R.Cr.P. 32 petition in which Jackson contested his 1991 convictions, based upon his pleas of guilty, for receiving stolen property in the second degree, fraudulent use of a credit card, and unlawful breaking and entering a vehicle (two indictments). As a result of these convictions, Jackson was sentenced, as an habitual offender, to 4 concurrent terms of 20 years’ imprisonment. Jackson did not appeal these convictions and sentences.
In his petition, Jackson argued that his trial counsel was ineffective because counsel “allowed the court to fail to advise [him] of potential punishment prior to [his] pleading guilty”; that he should be resen-tenced because his sentences of 20 years’ imprisonment for his Class C felony convictions are beyond the 10-year maximum sentence permitted by § 13A-5-6(a)(3), Code of Alabama 1975; and that his “convictions [were] obtained by a violation of the privilege against self incrimination[,] from the results of the said ‘excessive’ Class (C) felon[y] convictions, and failure to advise [him] of the proper punishments.” The circuit court denied these allegations with the specific finding that “[t]he matter is one which could have been but was not raised on appeal.”
I
Jackson contends that the circuit court erred in denying his petition based on its finding that Jackson should have asserted his allegations on direct appeal because, he says, the instant record fails to show that he was informed of his right to direct appeal and, therefore, he says, he did not “sleep on his right.” We consider that Jackson’s assertions that he was not informed of his right to appeal and that he did not waive this right are not before us because they were not presented to the circuit court. These assertions should have been made in his Rule 32 petition under the ground “[t]he petitioner failed to appeal within the prescribed time and that failure was without fault on petitioner’s part,” Rule 32.1(f). Because these allegations were not presented to the circuit court, but were presented in his appellate brief, which we cannot consider, we find this issue to be without merit.
II
Jackson further contends that his pleas were not knowingly and voluntarily entered because, he says, he was not advised by counsel or by the trial court of the applicable ranges of possible sentences. This issue, however, was not presented to
Accordingly, this issue of whether Jackson’s pleas were entered knowingly and voluntarily is not before us.
Ill
Finally, Jackson contends that his trial counsel was ineffective in allegedly failing to object to the trial court’s sentencing Jackson “contrary to statutory punishment for a Class C felony absent proper certification as a habitual offender.” This particular assertion was also not presented to the circuit court and cannot be presented for the first time on appeal. Cf. Leonard v. State, 551 So.2d 1143, 1151 (Ala.Cr.App. 1989) (wherein the court stated that “[a] defendant is bound by the grounds of objection raised at trial and cannot change them on appeal”).
Accordingly, the judgment is affirmed.
AFFIRMED.
Reference
- Full Case Name
- Coleman Jackson v. State.
- Cited By
- 1 case
- Status
- Published