APICELLA v. STATE

CR-06-1059.

87 So.3d 1155 (2011)

Andrew Anthony APICELLA v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

December 16, 2011.


Attorney(s) appearing for the Case

William Marion Bowen, Jr. , Birmingham, for appellant.

Troy King , atty. gen., and Henry M. Johnson , asst. atty. gen., for appellee.


After Remand from the Alabama Supreme Court

WELCH, Presiding Judge.

In Ex parte Apicella, [Ms. 1091436, May 13, 2011] 87 So.3d 1150 (Ala.2011), the Alabama Supreme Court reversed the judgment of this Court insofar as it affirmed the circuit court's decision to strike Apicella's third amendment to his Rule 32, Ala. R.Crim. P., petition.

The third amendment was filed after this Court reversed the circuit...

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