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295 Ala. 404

Harding v. State

Supreme Court of Alabama

Decided May 22, 1975

Supreme Court of Alabama · decided 1975-05-22

Cited by 11 later decisions — most recently October 1985

11 state decisions

Relies on Clemmons v. State · Grimes v. State · O'Dell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-05-22

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JONES, Justice.

¶1Petition by the State by its Attorney General for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Harding v. State, 56 Ala.App. 729, 322 So.2d 733 (1974), on rehearing 56 Ala.App. 733, 322 So.2d 733. Affirmed on authority of Clemmons v. State, 294 Ala. 746, 321 So.2d 238 [Ms., S.C. 1050 (1975)]. As stated in Clemmons, on remand, should the trial court determine that Harding is not entitled to youthful offender treatment, he has the right to renew his appeal in the Court of Criminal Appeals, which has retained jurisdiction of the cause, for a decision on the points, if any, not heretofore reviewed in. that Court on the original appeal.

¶2Affirmed.

¶3Appeal dismissed after return to remand, 56 Ala.App. 729, 322 So.2d 734.

HEFLIN, C. J, MERRILL, BLOOD-WORTH, MADDOX, SHORES and EM-BRY, JJ, and COLQUITT, Circuit Judge, sitting specially, concur. FAULKNER, J, concurs in part, dissents in part.
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