State of Alabama
from Etowah Circuit Court (CV-18-49)
appeals the circuit court's summary dismissal of a
petition he styled as a petition for a writ of habeas corpus.
and Procedural History
February 9, 2012, S.R.A. was convicted of first-degree rape,
see §§ 13A-6-61(a)(3), Ala. Code 1975,
second-degree rape, see § 13A-6-62, Ala. Code
1975, and incest, see § 13A-13-3, Ala. Code
1975. (Supp. C. 10-12.) The trial court sentenced S.R.A. to
25 years' imprisonment for his first-degree-rape
conviction, 20 years' imprisonment for his
second-degree-rape conviction, and 10 years' imprisonment
for his incest conviction, the sentences to be served
concurrently. (Supp. C. 10-12.)
appeal from his convictions and sentences, this Court, in its
unpublished memorandum, summarized the facts underlying
S.R.A.'s convictions as follows:
"S.R.A. married A.A.'s mother when A.A. was 4 years
old and eventually adopted her when she was a senior in high
school. When A.A. was 11 years old, S.R.A. began having
sexual intercourse with her. After S.R.A. began having sexual
intercourse with A.A., the abuse continued 'pretty much
every day.' A.A. stated that S.R.A. would routinely
'just beg [her]' to have sex. (R. 154). A.A. was
afraid to tell anyone about the abuse, including her mother.
"Finally, on December 31, 2009, A.A. told a friend,
Russell Shelly, about the abuse. She also told Russell's
mother, Joyce Shelly, who was a retired state trooper. Joyce
Shelly advised A.A. to set up a tape recorder in her bedroom
to record S.R.A. asking her to have sex with him. At trial
A.A. testified that she knew S.R.A. was 'going to ask for
sex' on a particular day because 'he always did when
it was just us' and they were home alone. (R. 182). A.A.
recorded S.R.A. asking her to have sex later that same month,
and filed a complaint against S.R.A. with the police
department. A.A. Took the recording to Officer Clay Johnson.
Officer Johnson then took A.A. to the district attorney's
office where they assisted her in recording telephone
conversations with S.R.A. regarding their sexual
relationship. At trial, the circuit court allowed in both the
recording of S.R.A. propositioning A.A. for sex in her
bedroom as well as the telephone recordings.
"S.R.A. also testified at trial. He claimed he never
engaged in sexual activity with A.A. while she was a minor.
He alleged that their sexual relationship began when she was
20 years old and it was limited to A.A. 'performing
masturbation' on S.R.A. (R. 275.)"
S.R.A. v. State (No. CR-11-1479, Dec. 7, 2012), 155
So.3d 1128 (Ala.Crim.App.2012) (table). This Court affirmed
S.R.A.'s convictions and sentences. Id.
September 13, 2013, S.R.A. filed a Rule 32, Ala. R. Crim. P.,
petition for postconviction relief in the Etowah Circuit
Court. In his Rule 32 petition, S.R.A. raised several claims
of ineffective assistance of counsel. The circuit court
summarily dismissed S.R.A.'s Rule 32 petition, and S.R.A.
appealed. On appeal, this Court, by unpublished memorandum,
affirmed the circuit court's judgment. See S.R.A. v.
State (CR-15-0910, Aug. 5, 2016), 231 So.3d 1190
March 16, 2018, S.R.A. filed what he styled as a petition for
a writ of habeas corpus in the Etowah Circuit
Court. (C. 9-11.) In his "habeas"
petition, S.R.A. alleged that the circuit court
"overlooked or omitted the fact that[, under] §
13A-5-6(c), he was supposed to impose, by ORDER, an
additional penalty of not less than 10 years of post release
supervision to be served upon [his] release from
incarceration." (C. 9.) According to S.R.A., "had
the sentencing Judge been made aware of, by the State, or by
Defense Counsel of this additional penalty ... his actual
sentence of incarceration would have been less[, ]" and
"impos[ing] this penalty now [would be] an additional
penalty that was not meant by the Sentencing Court, and would
bring about prejudice to [him]." (C. 10.) Thus, S.R.A.
requested that the circuit court "re-sentence [him] to a
15 year sentence on [his first-degree-rape conviction], a 15
year sentence on [his second-degree-rape conviction], and a
10 year sentence (unchanged) on [his incest conviction], all
sentences to run concurrent[ly], and an additional penalty of
10 years post release supervision." (C. 10.) In
S.R.A.'s view, resentencing him in this way "would
still equate to the 25 year sentence ordered by the
sentencing court." (C. 10.)
August 31, 2018, the State answered S.R.A.'s habeas
petition, arguing that it "does not state grounds which
would support the issuance of such a writ, pursuant to Ala.
Code § 15-21-24 (1975)." (C. 17.)
September 4, 2018, the circuit court summarily dismissed
S.R.A.'s petition, agreeing with the State and holding
that S.R.A.'s "petition for a writ of habeas corpus
is dismissed for failure to state a ...