SMALL v. STATE

CR-91-1714.

615 So.2d 1327 (1993)

Fernando Demandes SMALL v. STATE.

Court of Criminal Appeals of Alabama.

February 12, 1993.


Attorney(s) appearing for the Case

Fernando Demandes Small, pro se.

James H. Evans, Atty. Gen., and David Bjurberg, Asst. Atty. Gen., for appellee.


MONTIEL, Judge.

Fernando Demandes Small filed a petition styled as a petition for a writ of habeas corpus. While the trial court properly treated the petition as a post-conviction proceeding under Rule 32, A.R.Cr.P., it did not give the appellant the opportunity to file a petition in the form required by 32.6(a), A.R.Crim.P. Therefore, this case is remanded to the Mobile Circuit Court with directions that the appellant's petition be returned to him so that he can...

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