Matthews v. State

The appellant, Gary Owen Matthews, was convicted of attempted rape1 and of kidnapping. See § 13A-6-61, § 13A-4-2, and §13A-6-43, Code of Alabama 1975. He was sentenced to 20 years' imprisonment on the attempted rape conviction and to 50 years' imprisonment on the kidnapping conviction, these sentences to be served concurrently.

This case was originally submitted to this court on December 29, 1993. The submission was set aside when the appellant filed a post-conviction petition under Rule 32, Ala.R.Crim.P. Action on the appeal was stayed until the trial court ruled on the petition. The cause…