Alabama Court of Criminal Appeals, 2008

Burton v. State

Burton v. State
Alabama Court of Criminal Appeals · Decided August 29, 2008 · Wise, McMillan, Welch, Baschab, Shaw
15 So. 3d 554; 2008 Ala. Crim. App. LEXIS 145; 2008 WL 3989542 (Southern Reporter, Third Series)

Burton v. State

Opinion of the Court

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN and WELCH, JJ., concur. BASCHAB, P.J., dissents, with opinion, which SHAW, J., joins.

Dissenting Opinion

BASCHAB, Presiding Judge,

dissenting.

Because the appellant did not timely file his notice of appeal from the dismissal of his Rule 32 petition, we should dismiss this appeal. Therefore, I must respectfully dissent.

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