Bush v. State

On Application for Rehearing

WELCH, Judge.

The unpublished memorandum issued on April 25, 2014, is withdrawn, and the following opinion is substituted therefor.

Melvin Ross Bush appeals from the denial of his motion to reconsider his sentence filed pursuant to § 13A-5-9.1, Ala. Code 1975. (“Kirby motion”). Kirby v. State, 899 So.2d 968 (Ala.2004). In 1982, Bush was convicted of first-degree rape and was sentenced as a habitual offender with two prior felony convictions to life in prison. See § 13A-5-9-(b)(3), Ala.Code 1975. On September 30, 2013, Bush filed what is at least his third motion for…