Browning v. State

I respectfully dissent from the majority’s decision to affirm the denial of Horace Browning’s Rule 32, Ala. R.Crim. P., petition in its unpublished memorandum.

On December 13, 2001, Browning was convicted of second-degree assault and was sentenced to 20 years in prison. We affirmed his conviction and sentence on direct appeal by unpublished memorandum. Browning v. State (No. CR-01-0627, June 21, 2002), 860 So.2d 917 (Ala.Crim.App. 2002) (table). The certificate of judgment was issued on July 9, 2002.

On October 25, 2002, Browning filed a Rule 32, Ala. R.Crim. P., petition. After the State had…