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15 So. 3d 554

Burton v. State

Stanley Leonard BURTON v. STATE of Alabama.

Court of Criminal Appeals of Alabama

CR-07-0354.

Decided August 29, 2008.

Rehearing Denied February 13, 2009.

Court of Criminal Appeals of Alabama · decided 2008-08-29

Decided 2008-08-29

¶1Stanley Burton, pro se.

¶2Troy King, atty. gen., and Andy Scott Poole, asst. atty. gen., for appellee.

¶3WISE, Judge.

¶4AFFIRMED BY UNPUBLISHED MEMORANDUM.

¶5McMILLAN and WELCH, JJ., concur. BASCHAB, P.J., dissents, with opinion, which SHAW, J., joins.

¶6BASCHAB, Presiding Judge, dissenting.

¶7Because the appellant did not timely file his notice of appeal from the dismissal of his Rule 32 petition, we should dismiss this appeal. Therefore, I must respectfully dissent.

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