FRY, Judge.
On January 5, 1996, Michael Gagliardi, was convicted of robbery in the first degree, a violation of § 13A-8-41, Ala.Code 1975. Gagliardi was sentenced pursuant to the Habitual Felony Offender Act to life imprisonment without parole. Gagliardi's conviction was affirmed on direct appeal. Gagliardi v. State,
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