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615 So. 2d 1327

Small v. State

Court of Criminal Appeals of Alabama

Decided February 12, 1993

Court of Criminal Appeals of Alabama · decided 1993-02-12

Relies on 600 So. 2d 1088 - Drayton v. State · Nickerson v. State

Decided 1993-02-12

MONTIEL, Judge.

¶1Fernando Demandes Small filed a petition styled as a petition for a writ of habe-as corpus. While the trial court properly treated the petition as a post-conviction proceeding under Rule 32, A.R.Cr.P., it did not give the appellant the opportunity to file a petition in the form required by 32.-6(a), A.R.Crim.P. Therefore, this case is remanded to the Mobile Circuit Court with directions that the appellant’s petition be returned to him so that he can have the opportunity to file a proper Rule 32 petition as required by Rule 32.6, A.R.Crim.P. Drayton v. State, 600 So.2d 1088 (Ala. Crim.App.1992); Nickerson v. State, 597 So.2d 762 (Ala.Crim.App.1992).

¶2REVERSED AND REMANDED.

All Judges concur.
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