Taylor v. State

TAYLOR,

Presiding Judge.

The appellant, James Hubert Taylor, Jr., appeals from the trial court’s dismissal of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P, attacking his conviction for theft of property in the first degree.

When the appellant filed his post-conviction petition in the Circuit Court for Houston County, his direct appeal was pending in this Court.

“If a petitioner submits a Rule 32 petition to the court of conviction while an appeal of the petitioner’s conviction or sentence is pending, the circuit clerk is to accept the petition and ‘promptly’…