Alabama Court of Criminal Appeals, 1995

Byrd v. State

Alabama Court of Criminal Appeals · Decided July 28, 1995 · Patterson, McMillan, Cobb, Long, Taylor

668 So. 2d 899; 1995 Ala. Crim. App. LEXIS 278; 1995 WL 444759 (Southern Reporter, Second Series)

Opinion of the Court

PATTERSON, Judge.

AFFIRMED BY MEMORANDUM.

McMILLAN, COBB, and LONG, JJ., concur. TAYLOR, P. J., dissents with opinion.

Dissenting Opinion

TAYLOR, Presiding Judge

(dissenting).

It is apparent that a crucial portion of the record has been omitted. It is the better practice, and we should in this case, under Rule 10(g), Ala.R.App.P., request that the record be made complete by the circuit clerk as required by law. To do otherwise will invite a coram nobis proceeding based on ineffective assistance of counsel.

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