McNeal v. State

WISE, Judge.

The appellant, Darrell J. McNeal, appeals from the circuit court’s denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P., in which he attacked his September 2002 conviction for sexual abuse in the first degree, rape in the first degree and his resulting sentence as an habitual felony offender to 20 years’ imprisonment. No direct appeal was taken from these convictions.

On March 18, 2003, McNeal filed his first Rule 32 petition, challenging his rape conviction based on newly discovered DNA evidence. After conducting an evidentiary hearing, the…