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600 So. 2d 387

Burks v. State

Court of Criminal Appeals of Alabama

Decided December 27, 1991

Court of Criminal Appeals of Alabama · decided 1991-12-27

Cited by 16 later decisions — most recently December 2009

16 state decisions

Relies on 587 So. 2d 306 - Lynch v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-27

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¶1ON RETURN TO REMAND

BOWEN, Judge.

¶2On remand the trial court “retracted” portions of the prior proceedings, re-adjudged the appellant guilty based on the verdict of the jury, and specifically inquired and then permitted the appellant to make a statement before sentence was pronounced. The record now contains a proper allocution.

¶3The trial court properly refused to allow the appellant to relitigate the facts of his trial at the sentencing hearing. This case was remanded with specific directions for a stated purpose. The trial court had no jurisdiction to take additional action not within the scope or contemplation of those directions. See Lynch v. State, 587 So.2d 306 (Ala.1991).

¶4The judgment of the circuit court is affirmed.

¶5OPINION EXTENDED.

¶6AFFIRMED.

All the Judges concur.
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