Poole v. State

David Lawrence Poole appeals the circuit court's summary denial of his two Rule 32, Ala.R.Crim.P., petitions for postconviction relief, in which he sought an out-of-time appeal from the summary denial of two previous Rule 32 petitions.

Poole was originally charged, in separate indictments, with five counts of production of obscene matter depicting persons under 17 years of age. Four of those indictments — in cases no. CC-89-444, no. CC-89-524, no. CC-89-525, and no. CC-89-527 "were consolidated for trial, and a jury found Poole guilty of all four counts. Poole then pleaded guilty to the fifth…