FOUNTAIN v. STATE

CR-99-0378.

842 So.2d 719 (2000)

Tony FOUNTAIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 23, 2000.


Attorney(s) appearing for the Case

Tony Fountain, pro se.

William H. Pryor, Jr., atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.


COBB, Judge.

In an out-of-time appeal granted by the circuit court, Tony Fountain appeals from the circuit court's 1996 dismissal of his Rule 32, Ala.R.Crim.P., petition for postconviction relief. The question whether Rule 32, Ala.R.Crim.P., permits an out-of-time appeal from the denial of a petition for posttrial relief is a matter of first impression in the State of Alabama.

Fountain's petition challenged his November 15, 1988, convictions for rape in the...

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