Capers v. State

Court of Criminal Appeals of Alabama

Capers v. State

646 So. 2d 688, 1993 WL 304523

CourtCourt of Criminal Appeals of Alabama

DecidedAugust 13, 1993

DocketCR-92-0430

StatusPublished

Cited by3 cases

This text of 646 So. 2d 688 (Capers v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Capers v. State, 646 So. 2d 688, 1993 WL 304523 (Ala. Ct. App. 1993).

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Opinion

Curtis Matthew Capers filed a petition for a writ of habeas corpus with the Escambia Circuit Court, alleging that he has not been credited with jail time for the time he spent at liberty or on erroneous release. The State, in its brief, acknowledges that the appellant's allegation has merit. This court in McCall v. State, 594 So.2d 733 (Ala.Crim.App. 1992), held that a defendant is entitled to habeas corpus relief if the court determines "that he was erroneously released, that his release occurred through no fault of his own, and that he had not been given credit for the time he spent at liberty on that erroneous release." 594 So.2d at 734. Therefore, this cause is remanded to the circuit court with instructions that a hearing be held to determine whether the factual allegations made by the appellant are true. If the allegations are found to be true, the appellant is entitled to habeas corpus relief.

The circuit court is ordered to file written findings of fact with this court within 60 days of this opinion. *Page 689

REMANDED WITH INSTRUCTIONS.^*

All the Judges concur.

^* Editor's Note: On return to the remand, the court on July 8, 1994, dismissed the appeal, without opinion.

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Curtis Matthew Capers filed a petition for a writ of habeas corpus with the Escambia Circuit Court, alleging that he has not been credited with jail time for the time he spent at liberty or on erroneous release. The State, in its brief, acknowledges that the appellant's allegation has merit. This court in McCall v. State, 594 So.2d 733 (Ala.Crim.App. 1992), held that a defendant is entitled to habeas corpus relief if the court determines "that he was erroneously released, that his release occurred through no fault of his own, and that he had not been given credit for the time he spent at liberty on that erroneous release." 594 So.2d at 734. Therefore, this cause is remanded to the circuit court with instructions that a hearing be held to determine whether the factual allegations made by the appellant are true. If the allegations are found to be true, the appellant is entitled to habeas corpus relief.

The circuit court is ordered to file written findings of fact with this court within 60 days of this opinion. *Page 689

REMANDED WITH INSTRUCTIONS.^*

All the Judges concur.

^* Editor's Note: On return to the remand, the court on July 8, 1994, dismissed the appeal, without opinion.

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Bluebook (online)

646 So. 2d 688, 1993 WL 304523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capers-v-state-alacrimapp-1993.

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