Ex parte Spencer

MURDOCK, Justice.

We granted this petition for a writ of certiorari to address whether the “prison-mailbox rule” applies to a motion for sentence reconsideration under Ala. Code 1975, § 13A-5-9.1, once the repeal of the statute effectively placed a time limitation on such motions. We determine that the prison-mailbox rule does apply, and we reverse the judgment of the Court of Criminal Appeals and remand the case for further proceedings.

I. Proceedings Below

Joe Louis Spencer filed a motion for sentence reconsideration under Ala. Code 1975, § 13A-5-9.1, and Kirby v. State, 899 So.2d 968…