Howlet v. State

On Application For Rehearing

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 appealed to this Court on December 3, 1998. We dismissed the direct appeal on April 21, 1999, stating that the notice of appeal was not timely because the…