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POE v. STATE

5 Div. 177.

510 So.2d 852 (1987)

Johnny Wayne POE v. STATE

Court of Criminal Appeals of Alabama.

On Return to Remand June 30, 1987.

Attorney(s) appearing for the Case

Jack S. Saint, Auburn, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

The appellant was convicted of violating § 13A-11-61, Code of Alabama (1975), discharging a firearm into an occupied dwelling. He was sentenced to 21 years' imprisonment pursuant to the Habitual Felony Offender Act.

The counsel for appellant has failed to file a brief. The appellant is constitutionally entitled to effective assistance of counsel on first appeal of right. Evitts v. Lucey, 469 U.S. 387

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