State v. R.D.

LONG, Presiding Judge.

The petitioner, R.D., filed this petition for a writ of habeas corpus asking us to order the trial court to grant his request that bail be set pending the State’s appeal from the order granting him a new trial. In 1992, R.D. was convicted of two counts of sexual abuse and was sentenced to 10 years in the state penitentiary. The sentences were to run concurrently. His convictions were affirmed on direct appeal. R.D. v. State, 706 So.2d 770 (Ala.Cr.App.1997), cert. denied, — U.S. -, 119 S.Ct. 79, 142 L.Ed.2d 62 (1998). In June 1998, R.D. filed a Rule 32, Ala.R.Crim.P.,…