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SMITH v. STATE

CR-92-1004.

650 So.2d 590 (1994)

Jerome SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 21, 1994.

Attorney(s) appearing for the Case

Jerome Smith, pro se.

James H. Evans, Atty. Gen., and Beth Poe, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

This Court's opinion of January 21, 1994, is withdrawn and the following is substituted therefor. Jerome Smith, the appellant, appeals from the trial court's denial of his request to proceed in forma pauperis as to the filing of his Rule 32, Ala.R.Cr.P., petition. The case action summary included in the record reflects that the trial court denied this motion and states:

"This is a successive petition whether the court will deny on its filing...

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