Harrell v. State

Court of Criminal Appeals of Alabama

Harrell v. State

654 So. 2d 47, 1993 Ala. Crim. App. LEXIS 910, 1993 WL 271818

CourtCourt of Criminal Appeals of Alabama

DecidedJune 18, 1993

DocketCR-91-1803

StatusPublished

Cited by1 cases

This text of 654 So. 2d 47 (Harrell 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

Harrell v. State, 654 So. 2d 47, 1993 Ala. Crim. App. LEXIS 910, 1993 WL 271818 (Ala. Ct. App. 1993).

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Opinion

MONTIEL, Judge.

Leo Harrell filed a Rule 32, A.R.Cr.P., petition with the Shelby Circuit Court, attacking his convictions for conspiracy to commit robbery and conspiracy to commit a controlled substances crime. The State has asked this court to remand this cause to the circuit court, citing Barnes v. State, 621 So.2d 329 (Ala.Crim.App.1992), because this petition was ruled on while the direct appeal of these convictions¹ was pending in this court. The State’s motion is well taken; this cause is remanded to the circuit court with instructions that the circuit court now consider the petition and any amendments thereto. The State shall file a response to the petition as required by Rule 32.7(a), A.R.Crim.P. The circuit court shall hold an evidentiary hearing if it determines one is necessary. The circuit court shall file a return to remand with this court within 60 days of this opinion.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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MONTIEL, Judge.

Leo Harrell filed a Rule 32, A.R.Cr.P., petition with the Shelby Circuit Court, attacking his convictions for conspiracy to commit robbery and conspiracy to commit a controlled substances crime. The State has asked this court to remand this cause to the circuit court, citing Barnes v. State, 621 So.2d 329 (Ala.Crim.App.1992), because this petition was ruled on while the direct appeal of these convictions¹ was pending in this court. The State’s motion is well taken; this cause is remanded to the circuit court with instructions that the circuit court now consider the petition and any amendments thereto. The State shall file a response to the petition as required by Rule 32.7(a), A.R.Crim.P. The circuit court shall hold an evidentiary hearing if it determines one is necessary. The circuit court shall file a return to remand with this court within 60 days of this opinion.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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Bluebook (online)

654 So. 2d 47, 1993 Ala. Crim. App. LEXIS 910, 1993 WL 271818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-state-alacrimapp-1993.

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