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AVERY v. STATE

CR-98-1237.

825 So.2d 129 (1999)

Roy Wayne AVERY v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand May 26, 2000.

Opinion on Return to Second Remand March 30, 2001.

Attorney(s) appearing for the Case

Roy Wayne Avery, pro se.

Bill Pryor, atty. gen., and Cedric B. Colvin, asst. atty. gen., for appellee.

McMILLAN, Judge.

The appellant, Roy Wayne Avery, appeals from the circuit court's summary denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim.P. On September 26, 1996, the appellant was indicted for first-degree kidnapping, and on May 12, 1997, he pleaded guilty to unlawful imprisonment in the second degree. He was sentenced to "time served: 293 days." On January 8, 1998, and again on September 3, 1998, the appellant was arrested...

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