State v. Hurst

On Return to Remand *

JOINER, Judge.

The State of Alabama appeals the circuit court’s decision to grant Niekro Hurst’s Rule 32, Ala. R.Crim. P., petition for post-conviction relief. See Rule 32.10, Ala. R.Crim. P. On March 22, 2010, Hurst was convicted of first-degree rape, see § 13A-6—61(a)(1), Ala.Code 1975, and second-degree rape, see § 13A-6-62(a)(l), Ala.Code 1975, and was sentenced to 20 years’ imprisonment and 10 years’ imprisonment, respectively. This Court affirmed Hurst’s convictions and sentences in an unpublished memorandum issued on May 20, 2011, Hurst v. State (No. CR-09-1001, May…