Ex parte R.W.F. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: R.W.F. V.State of Alabama)

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rel: 11/09/2007 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2007-2008 _________________________ 1061667 _________________________ Ex parte R.W.F. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: R.W.F. v. State of Alabama) (Jefferson Circuit Court, Bessemer Division, CC-05-1496 through CC-05-1507; Court of Criminal Appeals, CR-05-2356) SMITH, Justice. The pro se petitioner, R.W.F., petitions for certiorari review of a decision of the Court of Criminal Appeals. From the limited materials submitted to this Court in connection 1061667 with the certiorari petition, it appears that R.W.F., acting through counsel, appealed his convictions for various counts of first-degree rape, and first-degree sodomy to the Court of Criminal Appeals. The Court of sexual Criminal Appeals unpublished memorandum. April 20, 2007), abuse, ___ first-degree affirmed the convictions in an R.W.F. v. State (No. CR-05-2356, So. 2d ___ (Ala. Crim. App. 2007) (table). In his petition for certiorari review, R.W.F. contends that his appellate counsel effectively withdrew from the case shortly before the deadline for filing this petition and without giving him a copy of the unpublished memorandum issued by the Court of Criminal Appeals. as a result of his appellate He further contends that, counsel's actions, it is impossible for him to file a timely petition for the writ of certiorari properly challenging the Court of Criminal Appeals' decision. He thus filed this petition, seeking various relief, including directing his appellate counsel to furnish him a copy of the Court of Criminal Appeals' memorandum. After reviewing the petition and what is purported to be a letter of R.W.F.'s appellate counsel attached to it, we 2 1061667 conclude that any relief available to R.W.F. should be sought in a petition filed in the appropriate court pursuant to Rule 32, Ala. R. Crim. P. Therefore, we deny the petition. WRIT DENIED. Cobb, C.J., and See, Woodall, and Parker, JJ., concur. 3

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