Owens v. State

Court of Criminal Appeals of Alabama

Owens v. State

716 So. 2d 239, 1997 Ala. Crim. App. LEXIS 406, 1997 WL 522870

CourtCourt of Criminal Appeals of Alabama

DecidedAugust 22, 1997

DocketCR-96-0514

StatusPublished

This text of 716 So. 2d 239 (Owens 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

Owens v. State, 716 So. 2d 239, 1997 Ala. Crim. App. LEXIS 406, 1997 WL 522870 (Ala. Ct. App. 1997).

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Opinion

LONG, Presiding Judge.

The appellant, Clovis Evond Owens, pleaded guilty to and was convicted of first degree burglary and was sentenced to 18 years’ imprisonment. He did not appeal from his conviction. The appellant subsequently filed a petition for post-conviction relief pursuant to Rule 32, Ala.R.Crim.P., asserting numerous grounds for relief from his conviction and sentence. The trial court conducted an evi-dentiary hearing on the appellant’s petition and denied the petition, but did not make “specific findings of fact relating to each material issue of fact presented” as required by Rule 32.9(d), Ala.R.Crim.P.

The state has requested that we remand this cause to the Circuit Court for Monroe County so that that court can comply with Rule 32.9(d). See Chambers v. State, 627 So.2d 1100 (Ala.Cr.App.1993). Accordingly, this cause is remanded for the circuit court to make specific findings of fact relating to each material issue of fact presented in the appellant’s petition. The circuit court is directed to specify the reason or reasons for its denial as to each claim raised in the appellant’s petition, whether that denial is based on procedure or on the merits of the petition. Due return should be filed in this court no later than 49 days from the date of this opinion.

REMANDED WITH DIRECTIONS.

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LONG, Presiding Judge.

The appellant, Clovis Evond Owens, pleaded guilty to and was convicted of first degree burglary and was sentenced to 18 years’ imprisonment. He did not appeal from his conviction. The appellant subsequently filed a petition for post-conviction relief pursuant to Rule 32, Ala.R.Crim.P., asserting numerous grounds for relief from his conviction and sentence. The trial court conducted an evi-dentiary hearing on the appellant’s petition and denied the petition, but did not make “specific findings of fact relating to each material issue of fact presented” as required by Rule 32.9(d), Ala.R.Crim.P.

The state has requested that we remand this cause to the Circuit Court for Monroe County so that that court can comply with Rule 32.9(d). See Chambers v. State, 627 So.2d 1100 (Ala.Cr.App.1993). Accordingly, this cause is remanded for the circuit court to make specific findings of fact relating to each material issue of fact presented in the appellant’s petition. The circuit court is directed to specify the reason or reasons for its denial as to each claim raised in the appellant’s petition, whether that denial is based on procedure or on the merits of the petition. Due return should be filed in this court no later than 49 days from the date of this opinion.

REMANDED WITH DIRECTIONS.

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Bluebook (online)

716 So. 2d 239, 1997 Ala. Crim. App. LEXIS 406, 1997 WL 522870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-state-alacrimapp-1997.

Opinion

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