Day v. State

Roger Day was convicted in 1990 of burglary, rape, and aggravated assault, and he was sentenced to two consecutive life sentences on the rape charges. We affirmed his convictions in 1992.1 He now appeals the trial court’s denial of three post-trial motions. For reasons that follow, we affirm.

1. In his first enumeration, Day asserts that the trial court erred in denying his motion for a hearing on his claim for a return of property. Day first filed a motion for return of property on February 10, 1992, seeking certain items which he alleged had been seized from his vehicle but not used as evidence in his trial. The trial court denied Day’s motion in an order entered on April 9, 1992, and Day appealed. We transferred Day’s appeal to the Supreme Court because he was seeking an extraordinary remedy in the nature of a writ of mandamus. On February 5, 1993, the Supreme Court affirmed the trial court’s ruling without opinion.