Gerbige v. State

Court of Criminal Appeals of Alabama

Gerbige v. State

571 So. 2d 401, 1990 Ala. Crim. App. LEXIS 1680, 1990 WL 212394

CourtCourt of Criminal Appeals of Alabama

DecidedOctober 12, 1990

Docket8 Div. 429

StatusPublished

Cited by1 cases

This text of 571 So. 2d 401 (Gerbige 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

Gerbige v. State, 571 So. 2d 401, 1990 Ala. Crim. App. LEXIS 1680, 1990 WL 212394 (Ala. Ct. App. 1990).

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Opinion

AFTER REMAND FROM THE ALABAMA SUPREME COURT

McMILLAN, Judge.

Pursuant to Harris v. Reed, 489 U.S. 255 (1989), we hold that the appellant’s claim that the State failed to produce sufficient evidence to sustain his conviction of receiving stolen property in the first degree is precluded under Temp. Rule 20.2(a)(3) and (5), A.R.Cr.P. Appellant’s claim that his appellate counsel was ineffective because of a failure to file a brief on direct appeal is without merit, Ex parte Dunn, 514 So.2d 1300 (Ala.1987), because the appellant consented to his attorney’s not filing a brief.

AFFIRMED.

All the Judges concur.

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AFTER REMAND FROM THE ALABAMA SUPREME COURT

McMILLAN, Judge.

Pursuant to Harris v. Reed, 489 U.S. 255 (1989), we hold that the appellant’s claim that the State failed to produce sufficient evidence to sustain his conviction of receiving stolen property in the first degree is precluded under Temp. Rule 20.2(a)(3) and (5), A.R.Cr.P. Appellant’s claim that his appellate counsel was ineffective because of a failure to file a brief on direct appeal is without merit, Ex parte Dunn, 514 So.2d 1300 (Ala.1987), because the appellant consented to his attorney’s not filing a brief.

AFFIRMED.

All the Judges concur.

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Bluebook (online)

571 So. 2d 401, 1990 Ala. Crim. App. LEXIS 1680, 1990 WL 212394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerbige-v-state-alacrimapp-1990.

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