Bowen v. State
Bowen v. State
Opinion
The appellant, Billy C. Bowen, filed a Rule 32, Ala. R.Crim. P., petition, attacking his guilty-plea conviction for attempted murder and his sentence of life imprisonment. Bowen did not appeal his conviction.
In his Rule 32 petition, Bowen argued that his guilty plea was involuntary because, he said, he was not advised of the elements of the charge and the sentencing range, and he was "misled" by the State and trial counsel as to the length of his sentence. He further argued that he was denied effective assistance of counsel, making the following allegations against trial counsel: (1) that counsel failed to investigate Bowen's case or prepare for trial; (2) that he did not object to the trial court's refusal to set bond for Bowen; (3) that he "coerced" Bowen into pleading guilty; (4) that he did not communicate with Bowen; and (5) that he did not advise Bowen that he was entering a blind plea. Finally, Bowen claimed that the trial court's refusal to set bond denied him his due-process and equal-protection rights.
The State moved to dismiss, arguing that Bowen's petition was procedurally barred by Rule 32.2(a)(1), (a)(3), and (a)(5), Ala. R.Crim. P., and that his ineffective-assistance-of-counsel claims did not satisfy the test outlined in Strickland v. Washington,
A review of the record shows that the trial court properly denied Bowen's ineffective assistance claims. In order to prevail on a claim of ineffective assistance of counsel, the appellant must satisfy the two-pronged test outlined in Strickland, supra. Williams v. State,
Bowen also was not entitled to postconviction relief on his claim that the trial court erred in denying bail. His argument predicated on the trial court's refusal to set bond is a constitutional claim and is precluded because it could have been, but was not, raised during Bowen's guilty-plea proceedings. Rule 32.2(a)(3), Ala. R.Crim. P.; see Pratt v. State,
Further, Bowen's allegation that his guilty plea was involuntary because he was promised a "low sentence" by the State, as well as by his own counsel, is not pleaded with specificity as required by Rule 32.6(b), Ala. R.Crim. P. However, it is unclear whether he was advised of the elements of attempted murder and the sentencing range before he entered his guilty plea, in compliance with Rule 14.4(a)(1)(i) and (a)(1)(ii), Ala. R.Crim. P. The State has requested that this matter be remanded for the trial court to determine whether it informed Bowen of the nature of the charge against him, including its elements, and the applicable sentencing range. The record supports such a request. See Waddle v. State,
REMANDED WITH DIRECTIONS.*
COBB, BASCHAB, SHAW, and WISE, JJ., concur.
Reference
- Full Case Name
- Billy C. Bowen v. State.
- Cited By
- 3 cases
- Status
- Published