Hatfield v. State
Decision Date | 25 August 2000 |
Citation | 784 So.2d 377 |
Parties | Danny Ray HATFIELD v. STATE. |
Court | Alabama Court of Criminal Appeals |
Danny Ray Hatfield, appellant, pro se.
Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.
On October 6, 1998, the appellant, Danny Ray Hatfield, pleaded guilty to assault in the second degree, a violation of § 13A-6-21, Ala.Code 1975, and to discharging a firearm into an occupied vehicle, a violation of § 13A-11-61, Ala.Code 1975. Hatfield was sentenced to 20 years' imprisonment for the second-degree assault conviction and to 10 years' imprisonment for the discharging-a-firearm-into-an-occupied-vehicle conviction. The sentences were to run concurrently.
On February 7, 2000, Hatfield filed a Rule 32, Ala.R.Crim.P., petition for post-conviction relief. In his petition, Hatfield requested that the circuit court grant him an out-of-time appeal from his convictions for second-degree assault and discharging a firearm into an occupied vehicle. Hatfield alleged that his direct appeal of these convictions had been improperly dismissed. Hatfield stated in his petition that he was sentenced on October 6, 1998, that he mailed his notice of appeal on November 17, 1998, and that his appeal was improperly dismissed. The circuit court summarily dismissed the petition.
In Ex parte Jones, 773 So.2d 989 (Ala. Crim.App.1998), the Alabama Supreme Court addressed the issue whether Jones's notice of appeal from the denial of his Rule 32 petition was timely when he handed his notice of appeal to prison officials on the 42nd day after his petition was denied. The Alabama Supreme Court stated:
773 So.2d at 989-90 (footnote omitted).
We take judicial notice of the record of the dismissal of Hatfield's direct appeal. Hamm v. State, 439 So.2d 829 (Ala.Crim. App.1983). Hatfield was sentenced on October 6, 1998. The 42nd day after pronouncement of sentence was November 17, 1998. Our records contain a pro se notice of appeal dated November 17, 1998. The notice of appeal indicates that at the time Hatfield was incarcerated in the Kilby Correctional Facility in Montgomery, Alabama. The notice of appeal is marked filed by the DeKalb circuit clerk on November 19, 1998—the 44th day after the pronouncement of sentence. See Hatfield v. State, 744 So.2d 971 (Ala.Crim.App. 1998).
Hatfield's claim that he is entitled to an out-of-time appeal is, at least on its face, meritorious. (C.R.72-73.) See Ex parte Jones, supra
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Ex parte Wright
...on March 17, the day he gave it over to the prison authorities." Jones, 773 So.2d at 989-90 (emphasis added). In Hatfield v. State, 784 So.2d 377 (Ala. Crim.App.2000), Hatfield, a pro se inmate, timely appealed the denial by the trial court of his Rule 32 petition. In his Rule 32 petition, ......
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