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533 So. 2d 637

Austin v. State

Court of Criminal Appeals of Alabama

Decided February 10, 1987

Court of Criminal Appeals of Alabama · decided 1987-02-10

Cited by 14 later decisions — most recently May 1998

14 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-10

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BOWEN, Presiding Judge.

¶1This is an appeal from the denial of a pro se petition for writ of error coram nobis. The meritorious allegations of the petitioner have not been contested by a responsive pleading filed by the State. Ex parte Floyd, 457 So.2d 961 (Ala.1984). The petitioner is entitled to an evidentiary hearing. Ex parte Boatwright, 471 So.2d 1257 (Ala.1985). The necessity for this action is recognized and not contested by the Attorney General on this appeal.

¶2This cause is remanded for further proceedings in accordance with the cited authority.

¶3REMANDED WITH DIRECTIONS.

All Judges concur.

¶4ON RETURN TO REMAND

BOWEN, Judge.

¶5On remand, the petitioner was appointed counsel and afforded an evidentiary hearing on the allegations contained in his cor-am nobis petition.

¶6In denying the petition, the circuit judge made the following findings:

“1. That the defendant was adequately apprised of the elements of the offense of burglary in the Third Degree;
“2. That the two (2) alleged accomplices, Maxwell Hogue and James Potter, both pled guilty to the offense of Burglary in the Third Degree;
“3. That the defendant was adequately apprised of the Alabama Habitual Offender Act prior to entering his plea of guilt;
“4. That the defendant’s plea was voluntarily entered;
“5. That the defendant was adequately apprised of his Constitutional Rights pri- or to entering his plea of guilt;
“6. That the defendant’s Court-appointed attorney, Jerry Turner, effectively represented the defendant in this cause.”

¶7The judgment of the circuit court denying the petition is affirmed.

¶8OPINION EXTENDED; AFFIRMED.

¶9All Judges concur.

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