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587 So. 2d 1289

Harris v. State

Court of Criminal Appeals of Alabama

Decided September 20, 1991

Court of Criminal Appeals of Alabama · decided 1991-09-20

Cited by 1 later decisions — most recently January 1992

1 state decisions

Relies on 582 So. 2d 589 - Harris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-20

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¶1ON RETURN TO REMAND

McMILLAN, Judge.

¶2This case was remanded to the trial court for that court to state its reasons for the summary dismissal of the appellant’s Rule 20, A.R.Cr.P.Temp., petition or for the State to file an answer to the petition. 582 So.2d 589. The trial court has now filed its return.

¶3On remand, the State responded with a motion to dismiss the appellant’s petition. The trial court then conducted an evidentia-ry hearing, at which time the court explained that, if the petition was granted, the appellant could receive an enhanced sentence. The court noted that the appellant’s probation report showed more convictions than were known to the court at the time of the original sentencing.

¶4Thereafter, the appellant moved an oral motion to dismiss the Rule 20 petition, and his motion was granted by the trial court. The petition having been dismissed by the trial court, this cause is due to be, and it is hereby, dismissed.

¶5OPINION EXTENDED; APPEAL DISMISSED.

All the Judges concur.
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