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668 So. 2d 899

Roberts v. State

Court of Criminal Appeals of Alabama · decided 1995-07-28

Decided 1995-07-28

PATTERSON, Judge.

¶1AFFIRMED BY MEMORANDUM.

McMILLAN, COBB, and LONG, JJ., concur.TAYLOR, P.J., dissents with opinion.
TAYLOR, Presiding Judge

¶2(dissenting).

¶3It is apparent that a crucial portion of the record has been omitted. It is the better practice, and we should in this case, under Rule 10(g), Ala.R.App.P., request that the record be made complete by the circuit clerk as required by law. To do otherwise will invite a eoram nobis proceeding based on ineffective assistance of counsel.

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