BAKER v. STATE

CR-02-1758.

885 So.2d 241 (2003)

Donald Earl BAKER v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand January 30, 2004.


Attorney(s) appearing for the Case

Donald Earl Baker, pro se.

William H. Pryor, Jr., atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.


COBB, Judge.

In May 14, 2003, Donald Earl Baker filed his fourth Rule 32, Ala. R.Crim. P., petition in this case, along with an in forma pauperis declaration. After the State had responded, the circuit court summarily denied the petition on June 7, 2003. This appeal followed.

As the State and Baker point out, the record does not indicate either that the circuit court granted Baker's motion to proceed in forma pauperis or that it assessed a filing fee against...

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