Preview:

Rel9282007

Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
229-0649), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CRIMINAL APPEALS

OCTOBER TERM, 2006-2007

CR-06-0850

Jeremiah Jamar Davis
v.
State of Alabama
Appeal from Madison Circuit Court
(CC-04-3703.60)

McMILLAN, Judge.

The appellant, Jeremiah Jamar Davis, appeals from the
circuit court's summary denial of his Rule 32, Ala. R. Crim.
P., postconviction petition for relief challenging his May 12,
2006, guilty-plea conviction for felony murder and robbery,

CR-06-0850

and the resulting two life sentences to be served
consecutively. Davis did not appeal his convictions.

In his petition filed January 12, 2007, Davis claimed
that the circuit court was without jurisdiction to render
judgment or to impose the sentence. In an attachment to his
petition, Davis argued that "the trial court subjected him to
double jeopardy when it amended his indictment from capital
murder to charge separately felony murder and first-degree
robbery because his plea of guilty entered to the charge of
felony murder encompassed the first-degree robbery
conviction". Therefore, he claimed that the conviction for
first-degree robbery is due to be vacated.

The State responded that Davis had asserted "conclusory
allegations of law" without providing any underlying factual
basis, that Davis had failed to provide clear and specific
claims, that Davis's claims should have been raised at trial
or on appeal and were therefore procedurally barred, that
Davis failed to state a claim for which relief could be
granted, that the petition was without legal merit, that no
material issue of fact or law existed that would entitle Davis
to relief, and that no purpose would be served by conducting

2

CR-06-0850

further proceedings in this matter. On January 23, 2007, the
circuit court denied and dismissed the petition without an
evidentiary hearing based on the State's response.

On appeal, Davis presents the same issue. The record on
his appeal from the Rule 32 proceeding is insufficient to
establish the basis for the felony-murder conviction.  A
certified copy of the indictment is not part of the record,
and there are no findings of facts on the petition.

In Peterson v. State, 842 So. 2d 734, 738 (Ala. Crim.
App. 2001), this Court held:
"If the appellant's convictions for both felony

Download 060850.pdf

Alabama Law