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Alabama Court of Criminal Appeals, 1991

Smith v. State

Smith v. State
Alabama Court of Criminal Appeals · Decided October 11, 1991 · McMillan
588 So. 2d 939; 1991 Ala. Crim. App. LEXIS 2510; 1991 WL 239897 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

ON RETURN TO REMAND

McMILLAN, Judge.

We remanded this cause to the trial court in order for the district attorney to respond to the allegations contained in the appellant’s Rule 20, A.R.Cr.P.Temp., petition and to specifically plead as to any grounds of preclusion. Smith v. State, 581 So.2d 1283 (Ala.Cr.App. 1991). The district attorney has filed a response in compliance with our order.

The trial court, after considering the district attorney’s response, denied the petition. Based on the trial court’s order, we *940find no error in the denial of the appellant’s petition.

OPINION EXTENDED; AFFIRMED.

All Judges concur.

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