Williams v. State
Decision Date | 27 October 2000 |
Citation | 783 So.2d 135 |
Parties | Marvin Dewayne WILLIAMS v. STATE. |
Court | Alabama Court of Criminal Appeals |
Paula F. Lampkin, Bessemer, for appellant.
Bill Pryor, atty. gen., and Cedric B. Colvin, asst. atty. gen., for appellee.
The appellant was convicted of two counts of attempted first-degree assault, for which he was sentenced to serve a term of ten years in prison; one count of first-degree assault, for which he was sentenced to serve a term of twenty years in prison; four counts of discharging a firearm into an occupied vehicle, for which he was sentenced to serve a term of ten years in prison; and four counts of reckless endangerment, for which he was sentenced to serve a term of six months in the county jail, but for which his sentence was suspended and he was placed on probation for one year. We dismissed his appeal because he had not made proper financial arrangements, and we issued a certificate of judgment on September 5, 1996. On September 10, 1999, the appellant filed a Rule 32 petition, asserting that he had not appealed his convictions through no fault of his own. The circuit court granted the petition and ordered that the appellant be allowed to file an out-of-time appeal. Thus, this appeal followed.
The State argues that the circuit court did not have jurisdiction to grant the appellant leave to file an out-of-time appeal because the appellant did not timely file his Rule 32 petition. Rule 32.1, Ala. R.Crim.P., provides, in pertinent part:
(Emphasis added.) Rule 32.2(c), Ala. R.Crim.P., provides, in pertinent part:
"[T]he court shall not entertain any petition for relief from a conviction or sentence on the grounds specified in Rule 32.1 (a) and (f), unless the petition is filed: (1) In the case of a conviction appealed to the Court of Criminal Appeals, within two (2) years after the issuance of the certificate of judgment by the Court of Criminal Appeals under Rule 41, A.R.App.P...."
(Emphasis added.) The State did not file a motion to dismiss asserting that the limitations period applied. However, in Siebert v. State, 778 So.2d 842, 847 (Ala.Crim. App.1999), cert. denied, 778 So.2d 857 (Ala. 2000), we stated:
Rule 32.2(c), Ala.R.Crim.P., establishes a limitations period for filing a petition for post-conviction relief on the grounds specified in Rule 32.1(a) and (f), Ala.R.Crim.P., and its language is mandatory. See Hugh Maddox, Alabama Rules of Criminal Procedure § 32.2 (3d ed.1999). "The statute of limitations is a jurisdictional matter." Hines v. State, 516 So.2d 937, 938 (Ala. Crim.App.1987). See also Ex parte Campbell, 784 So.2d 323 (Ala.2000)
; Hunt v. State, 642 So.2d 999 (Ala.Crim.App.1993), aff'd, 642 So.2d 1060 (Ala.1994)....
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