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512 So. 2d 789

Smith v. State

Court of Criminal Appeals of Alabama

Decided January 27, 1987

Court of Criminal Appeals of Alabama · decided 1987-01-27

Relies on 471 So. 2d 1257 - Ex Parte Boatwright

Decided 1987-01-27

¶1

¶2This is an appeal from a dismissal of a petition for writ of error coram nobis. The trial court dismissed the petition on the premise that the case was pending appeal before the Alabama Court of Criminal Appeals. However, the case pending appeal is not the same case on which the present petition was filed. Therefore, this case is due to be remanded for a hearing on the petition, as the State declined to file a brief and the petition was meritorious on its face. Ex parte Boatwright,471 So.2d 1257 (Ala. 1985).

¶3REMANDED WITH DIRECTIONS.

¶4All the Judges concur. *790

ON RETURN TO REMAND

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