McMillian v. State

Court of Criminal Appeals of Alabama

McMillian v. State

655 So. 2d 50, 1994 WL 484410

CourtCourt of Criminal Appeals of Alabama

DecidedSeptember 9, 1994

DocketCR-92-1301

StatusPublished

Cited by1 cases

This text of 655 So. 2d 50 (McMillian 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.

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McMillian v. State, 655 So. 2d 50, 1994 WL 484410 (Ala. Ct. App. 1994).

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Opinion

The appellant, Marvin Bernard McMillian, was convicted of attempted murder, a violation of §§ 13A-6-2 and 13A-4-2, Code of Alabama 1975. He was sentenced as a habitual felon to life imprisonment. The appellant filed a motion for a new trial, which was denied by operation of law when the trial court did not rule on the motion within 60 days of pronouncement of sentence as provided in Rule 24.4, Ala.R.Crim.P. The appellant then filed a petition for post-conviction relief under Rule 32, Ala.R.Crim.P., attacking his conviction. The court held a hearing on the appellant's petition but did not make "specific findings of fact relating to each material issue of fact presented." Rule 32.9(d), Ala.R.Crim.P.

The state has requested that this cause be remanded to the Circuit Court for Mobile County so that that court can comply with Rule 32.9(d). See Chambers v. State, 627 So.2d 1100 (Ala.Cr.App. 1993); Williams v. State, 620 So.2d 752 (Ala.Cr.App. 1992); Powell v. State, 616 So.2d 370 (Ala.Cr.App. 1992). This cause is remanded to the Circuit Court for Mobile County for proceedings not inconsistent with this opinion. Due return should be filed in this court no later than 28 days from the date of this opinion.

REMANDED WITH DIRECTIONS.^*

All the Judges concur.

^* Note from the reporter of decisions: On February 10, 1995, on return to remand, the Court of Criminal Appeals affirmed, without opinion.

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The appellant, Marvin Bernard McMillian, was convicted of attempted murder, a violation of §§ 13A-6-2 and 13A-4-2, Code of Alabama 1975. He was sentenced as a habitual felon to life imprisonment. The appellant filed a motion for a new trial, which was denied by operation of law when the trial court did not rule on the motion within 60 days of pronouncement of sentence as provided in Rule 24.4, Ala.R.Crim.P. The appellant then filed a petition for post-conviction relief under Rule 32, Ala.R.Crim.P., attacking his conviction. The court held a hearing on the appellant's petition but did not make "specific findings of fact relating to each material issue of fact presented." Rule 32.9(d), Ala.R.Crim.P.

The state has requested that this cause be remanded to the Circuit Court for Mobile County so that that court can comply with Rule 32.9(d). See Chambers v. State, 627 So.2d 1100 (Ala.Cr.App. 1993); Williams v. State, 620 So.2d 752 (Ala.Cr.App. 1992); Powell v. State, 616 So.2d 370 (Ala.Cr.App. 1992). This cause is remanded to the Circuit Court for Mobile County for proceedings not inconsistent with this opinion. Due return should be filed in this court no later than 28 days from the date of this opinion.

REMANDED WITH DIRECTIONS.^*

All the Judges concur.

^* Note from the reporter of decisions: On February 10, 1995, on return to remand, the Court of Criminal Appeals affirmed, without opinion.

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655 So. 2d 50, 1994 WL 484410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillian-v-state-alacrimapp-1994.

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