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King v. State

Supreme Court of Alabama

January 16, 2015

Ex parte Desi Renard King; (In re: Desi Renard King
v.
State of Alabama)

Released for Publication August 5, 2015.

(Pickens Circuit Court, CC-97-250.61; Court of Criminal Appeals, CR-13-0742). James W. Moore, Trial Judge.

Desi Renard King, Pro se.

WISE, Justice. Stuart, Parker, and Shaw, JJ., concur. Moore, C.J., concurs specially.

OPINION

WISE, J.

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

WRIT DENIED. NO OPINION.

Stuart, Parker, and Shaw, JJ., concur.

Moore, C.J., concurs specially.

CONCUR

MOORE, Chief Justice (concurring specially).

In 1997, Desi Renard King pleaded guilty to possession of cocaine, § 13A-12-212, Ala. Code 1975, and was sentenced as a habitual offender to 20 years' imprisonment. His conviction was affirmed, without an opinion. King v. State, 744 So.2d 955 (Ala.Crim.App. 1998) (table), cert. denied, 745 So.2d 318 (Ala. 1998) (table). In this, his second, Rule 32, Ala. R. Crim. P., petition for postconviction relief, he argues that the trial court in his underlying case lacked jurisdiction to convict him because the record does not disclose the existence of an " arrest or incident report." The Pickens Circuit Court denied King's Rule 32 petition, and he appealed to the Court of Criminal Appeals, which affirmed the denial without an opinion. King v. State (No. CR-13-0742, July 11, 2014), __ So.3d __ (Ala.Crim.App. 2014) (table). He then filed this petition for certiorari review.

" [I]n all criminal prosecutions, the accused has a right ... to demand the nature and cause of the accusation; and to have a copy thereof ...." Art. I, ยง 6, Ala. Const. 1901. King does not allege that ...


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