ON RETURN TO REMAND
COBB, Judge.
The petitioner, James Paul Rice, pleaded guilty and was convicted of the offense of attempted rape in the second degree. The petitioner was originally indicted for rape in the first degree and for incest. The indictment was subsequently amended to charge attempted rape in the second degree. This is the appellant's fourth post-conviction petition filed pursuant to Rule 32, Ala.R.Crim.P. He cites Hall v. State,
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