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SMITH v. STATE

CR-02-1440.

882 So.2d 883 (2003)

Tony Lee SMITH v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

September 26, 2003.

Attorney(s) appearing for the Case

Tony Lee Smith, pro se.

Andrew W. Redd, gen. counsel, and Albert Sim Butler, asst. gen. counsel, Department of Corrections, for appellee.

BASCHAB, Judge.

The appellant, Tony Lee Smith, filed a petition for a writ of habeas corpus, arguing that he has not been credited with sufficient time for the time he spent in jail awaiting trial. The Alabama Department of Corrections filed a motion to dismiss the petition, but it did not refute the appellant's allegations regarding the time he spent in jail awaiting trial. Thereafter, the circuit court summarily dismissed the petition, finding that the appellant...

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