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Giles v. State

Alabama Court of Criminal Appeals

September 8, 2017

Patrick Maurice Giles
v.
State of Alabama

         Appeal from Montgomery Circuit Court (CC-15-140.61)

          ON RETURN TO REMAND

          JOINER, JUDGE.

         Patrick Maurice Giles appeals the summary dismissal, by the Montgomery Circuit Court, of his second petition for postconviction relief filed pursuant to Rule 32, Ala. R. Crim. P., in which he alleged, among other things, that he was entitled to an out-of-time appeal of the dismissal of his first Rule 32 petition.

         Giles pleaded guilty in May 2015 to first-degree robbery, see § 13A-8-41, Ala. Code 1975; he was sentenced to 240 months' imprisonment for that conviction. Giles filed the instant Rule 32 petition, his second, on May 12, 2016, and asserted several grounds for relief. Those grounds included claims attacking the underlying conviction as well as a claim that Giles was entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition. The circuit court summarily dismissed the second Rule 32 petition, and Giles appealed to this Court.

         On original submission, Giles reiterated his claim that he was entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition, which occurred on October 30, 2015. Giles alleged that, through no fault of his own, he did not receive notice of the dismissal until April 18, 2016, and therefore failed to file a timely notice of appeal.[1] See Rule 32.1(f), Ala. R. Crim. P.

         In a January 27, 2017, order remanding the cause with instructions, this Court noted that, although the State had filed a motion to dismiss the second Rule 32 petition, the State had not specifically refuted Giles's allegations regarding an out-of-time appeal of the dismissal of the first Rule 32 petition. This Court further noted that, in its order dismissing Giles's second Rule 32 petition, the circuit court had not specifically addressed Giles's claim regarding an out-of-time appeal. Accordingly, because the claim appeared to be sufficiently pleaded, see Rule 32.3, Ala. R. Crim. P., this Court remanded this matter to the circuit court for that court to allow Giles an opportunity to prove his claim seeking an out-of-time appeal.

         On remand, the circuit court held an evidentiary hearing and subsequently entered an order granting Giles an out-of-time appeal of the dismissal of his first Rule 32 petition. Thus, Giles has been granted relief on one of the claims in his second Rule 32 petition--i.e., his claim that he was entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition.

         Ordinarily, when a petitioner is granted the relief he or she has requested, this Court will dismiss the petitioner's appeal. Giles's case, however, differs from such cases because his second Rule 32 petition, in addition to the claim seeking an out-of-time appeal, presents other claims asserting grounds for relief under Rule 32.1.

         Rule 32.1, Ala. R. Crim. P., provides several grounds for relief. It states, in relevant part:

"Subject to the limitations of Rule 32.2, [Ala. R. Crim. P., ] any defendant who has been convicted of a criminal offense may institute a proceeding in the court of original conviction to secure appropriate relief on the ground that:
"(a) The constitution of the United States or of the State of Alabama requires a new trial, a new sentence proceeding, or other relief.
"(b) The court was without jurisdiction to render judgment or to impose sentence.
"(c) The sentence imposed exceeds the maximum authorized by law or is otherwise not ...

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