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MAYES v. STATE

CR-92-0419.

641 So.2d 1255 (1993)

Harold Eugene MAYES v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 25, 1994.

Attorney(s) appearing for the Case

Anthony D. Riley, Tuscumbia, for appellant.

James H. Evans, Atty. Gen., and Andy Poole, Asst. Atty. Gen., for appellee.

MONTIEL, Judge.

Harold Eugene Mayes filed a Rule 32, A.R.Crim.P., petition with the Colbert Circuit Court, challenging his conviction for theft in the second degree. Following a hearing, the circuit court denied the petition. In its order denying the petition, the trial court made specific findings of fact as to the allegations made in the petition that the jury was not sworn prior to trial. However, the trial court failed...

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