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555 So. 2d 246

James v. State

Court of Criminal Appeals of Alabama

Decided September 20, 1988

Court of Criminal Appeals of Alabama · decided 1988-09-20

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-20

How this case has been cited

Cited by 13 later decisions — most recently February 2010

13 state decisions

801988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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TYSON, Judge.

¶1Jeremiah James appeals from the denial of his petition seeking relief under Rule 20.1, Alabama Temporary Rules of Criminal Procedure. The petition was denied by the Circuit Court of Jefferson County on April 29, 1988, without conducting an evi-dentiary hearing thereon.

¶2The appellant avers that he was convicted on a plea of guilty to a charge of forgery in the first degree on November 30, 1979. He states that he was coerced or intimidated into pleading guilty through trial counsel.

¶3He states that he was not informed at the time he entered his plea of guilty of the minimum or maximum range of punishment, nor did he know the nature of the charge against him. He states that he was sentenced to two years’ imprisonment without being advised as to the consequences of his plea of guilty.

¶4Moreover, he avers that he was inadequately and ineffectively represented by counsel at trial, inasmuch as he was not advised of his right to appeal.

¶5The State of Alabama, through its attorney general, has filed a motion to remand this cause for further proceedings in circuit court.

¶6This court is of the opinion that the motion is well taken and the cause is, hereby, remanded to circuit court with instructions to appoint counsel in behalf of the appellant and to conduct an evidentiary hearing on the merits of the appellant’s allegations. Following such hearing, a due return shall be prepared and filed in this court.

¶7REMANDED WITH DIRECTIONS.

All the Judges concur.
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