Hargett v. State

McMILLAN, Presiding Judge.

David Lynn Hargett appeals from the trial court’s order summarily dismissing his Rule 32, Ala.R.Crim.P., petition for postconviction relief, filed on April 6, 2000. The petition attacked his April 16, 1997, conviction for rape in the first degree, a violation of § 13A-6-61, Ala.Code 1975. This Court affirmed the rape conviction on April 20, 1998, and issued a certificate of final judgment on August 14, 1998. On April 13, 2000, the State filed a motion to dismiss Hargett’s Rule 32 petition. On April 25, 2000, the trial court granted the State’s motion, holding that…