King v. State

Application for Rehearing

The appellant, James E. King, appeals his conviction for the unlawful distribution of a controlled substance and his sentence of 15 years in the state penitentiary. We previously dismissed this appeal by an unpublished order because the notice of appeal was filed more than 42 days after King was sentenced. See Rule 4, Ala. R.App.P. We noted in the order of dismissal that King’s motion for a new trial was not timely; therefore, it failed to toll the time for filing a notice of appeal. See King v. State, [Ms. CR-02-1066, March 12, 2003] — So.2d-(Ala.Crim.App.2003)…