Howlet v. State

LONG, Presiding Judge.

The appellant, Benjamin Howlet, was convicted of two counts of murder made capital because the murder was committed by shooting the victim while he was in a vehicle, § 13A-5-40(a)(17), Code of Alabama 1975, and because Howlet was in a vehicle when he fired the shot. See §§ 13A-5^40(a)(18), Code of Alabama 1975. Howlet was sentenced to life in prison without the possibility of parole. He filed notice of appeal to this Court on December 3,1998.

To determine whether Howlet’s notice of appeal was timely, i.e., whether it was filed within 42 days from the date of sentencing or…