¶2I concur with the majority opinion in all respects except for that portion that remands this case for findings regarding the appellant's claim that he received a pardon in case number CC-83-31. In his petition, the appellant asserted that he "received a full and unconditional pardon for prior conviction CC-83-31, in which the pardon was granted some time between 1985 and 1988." (C.R. 19.) I cannot agree that the appellant's bare allegation that he received a pardon "some time between 1985 and 1988" is sufficient to satisfy his burden of pleading pursuant to Rules 32.3 and 32.6(b), Ala. R.Crim. P. Accordingly, I respectfully dissent as to the part of the majority opinion that remands for the circuit court to address that claim.
959 So. 2d 1161
Wallace v. State
Court of Criminal Appeals of Alabama
Decided September 29, 2006
Court of Criminal Appeals of Alabama · decided 2006-09-29
Cited by 7 later decisions — most recently February 2015
7 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2006-09-29
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