Casey v. State

On Application for Rehearing.

This court's opinion of April 28, 2000, is hereby withdrawn and the following is substituted therefor.

The appellant, Nathan Casey, appeals from the trial court's denial of his Rule 32, Ala.R.Crim.P., petition for postconviction relief. The appellant was convicted, on December 7, 1982, of first-degree robbery, and the trial court sentenced him as a habitual offender to life imprisonment without parole. On appeal, this court affirmed his conviction and his sentence. Casey v. State, 456 So.2d 1161 (Ala.Crim.App. 1984).

The appellant then filed his first Rule 32…