Holder v. State

The appellant, Danny Ray Holder, appeals from the summary denial of his Rule 32, Ala. R.Crim. P., petition for postconviction relief, challenging his 1987 conviction for second-degree assault and his sentence of 30 years' imprisonment, as a habitual felony offender. His conviction and sentence were affirmed without opinion by this Court on September 20, 1988. See Holder v. State, 537 So.2d 72 (Ala.Crim.App.) (table).

In the instant Rule 32 petition filed January 8, 2007, Holder claimed that he was due an out-of-time appeal from the denial of his prior Rule 32 petition filed in December 2004.…