Ex Parte Rivers

The petitioners filed this petition for a writ of mandamus against the Honorable Thomas Wilson after Judge Wilson denied their applications for probation. The court, in denying the petitioners' applications, relied on White v. State,650 So.2d 538 (Ala.Cr.App. 1994), and held that because the applications had been pending for more than 60 days they were deemed denied by operation of law pursuant to Rule 24.4, Ala.R.Crim.P. This rule states:

"No motion for new trial or motion in arrest of judgment shall remain pending in the trial court for more than sixty (60) after the pronouncement of…