Palmer v. State

SHAW, Judge.

Toney Perez Palmer appeals the circuit court’s summary denial of his Rule 32, Ala.R.Crim.P., petition for postconviction relief, in which he requested an out-of-time appeal from the denial of a previous Rule 32 petition on the ground that he had failed to appeal the denial of the previous petition and that failure was through no fault of his own.

In his petition, Palmer alleges the following facts: In May 1999, he was convicted of first-degree robbery and was sentenced to 25 years’ imprisonment; this Court affirmed his conviction and sentence on direct appeal in an unpublished…