Freeman v. State

McMILLAN, Judge.

The appellant, Anderson J. Freeman, Jr., appeals from the denial of appellant’s Rule 32, Ala.R.Cr.P., petition. The appellant was convicted of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975. He was sentenced to life imprisonment without parole pursuant to the Alabama Habitual Felony Offender Act. The appellant’s direct appeal was dismissed as untimely. Subsequently, the trial court granted the appellant’s Rule 32 petition seeking an out-of-time appeal.

The appellant contends that the trial court erred by giving the jury a “dynamite” or Allen charge.…