Harding v. State

Supreme Court of Alabama

Harding v. State

322 So. 2d 734, 295 Ala. 404, 1975 Ala. LEXIS 1402

CourtSupreme Court of Alabama

DecidedMay 22, 1975

DocketSC 1037

StatusPublished

Cited by7 cases

This text of 322 So. 2d 734 (Harding v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harding v. State, 322 So. 2d 734, 295 Ala. 404, 1975 Ala. LEXIS 1402 (Ala. 1975).

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Opinion

JONES, Justice.

Petition by the State by its Attorney General for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Harding v. State, 56 Ala.App. 729, 322 So.2d 733 (1974), on rehearing 56 Ala.App. 733, 322 So.2d 733. Affirmed on authority of Clemmons v. State, 294 Ala. 746, 321 So.2d 238 [Ms., S.C. 1050 (1975)]. As stated in Clemmons, on remand, should the trial court determine that Harding is not entitled to youthful offender treatment, he has the right to renew his appeal in the Court of Criminal Appeals, which has retained jurisdiction of the cause, for a decision on the points, if any, not heretofore reviewed in. that Court on the original appeal.

Affirmed.

Appeal dismissed after return to remand, 56 Ala.App. 729, 322 So.2d 734.

HEFLIN, C. J, MERRILL, BLOOD-WORTH, MADDOX, SHORES and EM-BRY, JJ, and COLQUITT, Circuit Judge, sitting specially, concur. FAULKNER, J, concurs in part, dissents in part.

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JONES, Justice.

Petition by the State by its Attorney General for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Harding v. State, 56 Ala.App. 729, 322 So.2d 733 (1974), on rehearing 56 Ala.App. 733, 322 So.2d 733. Affirmed on authority of Clemmons v. State, 294 Ala. 746, 321 So.2d 238 [Ms., S.C. 1050 (1975)]. As stated in Clemmons, on remand, should the trial court determine that Harding is not entitled to youthful offender treatment, he has the right to renew his appeal in the Court of Criminal Appeals, which has retained jurisdiction of the cause, for a decision on the points, if any, not heretofore reviewed in. that Court on the original appeal.

Affirmed.

Appeal dismissed after return to remand, 56 Ala.App. 729, 322 So.2d 734.

HEFLIN, C. J, MERRILL, BLOOD-WORTH, MADDOX, SHORES and EM-BRY, JJ, and COLQUITT, Circuit Judge, sitting specially, concur. FAULKNER, J, concurs in part, dissents in part.

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322 So. 2d 734, 295 Ala. 404, 1975 Ala. LEXIS 1402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harding-v-state-ala-1975.

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