Ex Parte Pettiway

Petitioner, Timothy Dean Pettiway, was indicted for first degree rape, first degree sodomy, and first degree kidnapping. He was convicted of the lesser offenses of sexual misconduct (two counts) and kidnapping in the second degree. He was sentenced to 12 months in the county jail on each sexual misconduct conviction and three years in the penitentiary on the second degree kidnapping conviction. The Court of Criminal Appeals affirmed his conviction, with a written opinion. Pettiway v. State, 539 So.2d 368 (Ala.Crim.App. 1988). Petitioner's application for rehearing and his Rule 39(k) motion…