Moran v. State

McMILLAN, Judge.

This is an appeal from the denial of appellant’s Rule 32, A.r.Cr.P., petition attacking his conviction for rape in the first degree; § 13A-6-61, Code of Alabama 1975. See Moran v. State, 557 So.2d 1326 (Ala.Cr.App.1989).

I

The appellant contends that the trial court erred in denying his petition because, he says, the prosecutor failed to file a timely response in compliance with Rule 32.7(a), A.R.Cr.P. He contends that because the State did not file an answer to his petition, which was filed on February 18, 1992, until April 7, 1992, the allegations of his petition must be taken…