SMITH v. STATE

8 Div. 671.

512 So.2d 789 (1987)

Walter Glenn SMITH v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand July 28, 1987.


Attorney(s) appearing for the Case

Walter Glenn Smith, pro se.

Charles A. Graddick, Atty. Gen., and J. Elizabeth Kellum, Asst. Atty. Gen., for appellee.


McMILLAN, Judge.

This is an appeal from a dismissal of a petition for writ of error coram nobis. The trial court dismissed the petition on the premise that the case was pending appeal before the Alabama Court of Criminal Appeals. However, the case pending appeal is not the same case on which the present petition was filed. Therefore, this case is due to be remanded for a hearing on the petition, as the State declined to file a brief and the petition was meritorious...

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