SIMMONS v. STATE

CR-02-1630.

889 So.2d 47 (2004)

Clarence Leland SIMMONS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

March 26, 2004.


Attorney(s) appearing for the Case

Ty Alper, Atlanta, Georgia, for appellant.

William H. Pryor, Jr., atty. gen., and Jeremy W. McIntire, asst. atty. gen., for appellee.


SHAW, Judge.

Clarence Leland Simmons appeals the circuit court's summary dismissal of his Rule 32, Ala.R.Crim.P., petition for postconviction relief, in which he attacked his capital-murder conviction and sentence of death.

In 1997, Simmons was convicted of murder made capital because it was committed during sexual abuse, see § 13A-5-40(a)(8), Ala.Code 1975. The jury recommended that Simmons be sentenced to death for his conviction; the trial court accepted...

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