SWAIN v. STATE

7 Div. 788.

405 So.2d 40 (1981)

Jimmie L. SWAIN v. STATE.

Court of Criminal Appeals of Alabama.

After Return to Remand October 6, 1981.


Attorney(s) appearing for the Case

Cecil M. Matthews, Chelsea, for appellant.

Charles A. Graddick, Atty. Gen. and Cynthia D. Welch, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

The defendant pled guilty to an indictment charging burglary in the second degree. Alabama Code 1975, Section 13A-7-6(b). Prior to sentencing the State filed a "Notice of Prior Convictions" stating its intent to invoke the provisions of the Alabama Habitual Offender Act. Alabama Code 1975, Section 13A-5-9.

The circuit court granted the defendant's motion to set aside his guilty plea and ordered that plea "void and held for naught." The defendant...

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