Opinion is subject to formal revision before publication in
the advanced sheet of the Southern Reporter.
(Houston Circuit Court, CC-93-1046.60 and CC-93-1047.60;
Court of Criminal Appeals, CR-13-1727).
Justice. Stuart, Bolin, Parker, Shaw, Main, and Bryan, JJ.,
concur. Moore, C.J., and Murdock, J., dissent.
FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL
DENIED. NO OPINION.
Bolin, Parker, Shaw, Main, and Bryan, JJ., concur.
C.J., and Murdock, J., dissent.
Chief Justice (dissenting).
on the facts properly before us, I believe that Robert
Anthony Simmons is entitled to an evidentiary hearing on his
was convicted of first-degree sodomy and first-degree sexual
abuse. The victim was his then six-year-old stepdaughter,
D.Q. Although the events at issue occurred in 1986 when
Simmons was 30, the trial did not occur until almost 25 years
later. At trial, the victim, then more than 30 years old,
testified to the abuse. Simmons filed a timely Rule 32, Ala.
R. Crim. P., petition for postconviction relief, arguing
ineffective assistance of counsel on ...