Smith v. State

Court of Criminal Appeals of Alabama

Decided October 11, 1991

Court of Criminal Appeals of Alabama · decided 1991-10-11

Relies on 581 So. 2d 1283 - Smith v. State

Decided 1991-10-11

¶1ON RETURN TO REMAND

McMILLAN, Judge.

¶2We remanded this cause to the trial court in order for the district attorney to respond to the allegations contained in the appellant’s Rule 20, A.R.Cr.P.Temp., petition and to specifically plead as to any grounds of preclusion. Smith v. State, 581 So.2d 1283 (Ala.Cr.App.1991). The district attorney has filed a response in compliance with our order.

¶3The trial court, after considering the district attorney’s response, denied the petition. Based on the trial court’s order, we *940find no error in the denial of the appellant’s petition.

¶4OPINION EXTENDED; AFFIRMED.

All Judges concur.