Alabama Court of Criminal Appeals, 1993

Small v. State

Small v. State
Alabama Court of Criminal Appeals · Decided February 12, 1993 · Montiel
615 So. 2d 1327; 1993 Ala. Crim. App. LEXIS 168; 1993 WL 35217 (Southern Reporter, Second Series)

Small v. State

Opinion of the Court

MONTIEL, Judge.

Fernando Demandes Small filed a petition styled as a petition for a writ of habe-as corpus. While the trial court properly treated the petition as a post-conviction proceeding under Rule 32, A.R.Cr.P., it did not give the appellant the opportunity to file a petition in the form required by 32.-6(a), A.R.Crim.P. Therefore, this case is remanded to the Mobile Circuit Court with directions that the appellant’s petition be returned to him so that he can have the opportunity to file a proper Rule 32 petition as required by Rule 32.6, A.R.Crim.P. Drayton v. State, 600 So.2d 1088 (Ala. Crim.App. 1992); Nickerson v. State, 597 So.2d 762 (Ala.Crim.App. 1992).

REVERSED AND REMANDED.

All Judges concur.

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