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Pope v. State

Court of Criminal Appeals of Alabama
Mar 8, 1996
682 So. 2d 486 (Ala. Crim. App. 1996)

Opinion

CR-94-1636.

March 8, 1996.

Appeal from the Circuit Court, Talladega County, Jerry Fielding, J.

Bill Willingham, Talladega, for Appellant.

Jeff Sessions, Atty. Gen., and Frances Smith, Asst. Atty. Gen., for Appellee.


The appellant, William Pope, appeals the trial court's denial of his Rule 32, Ala.R.Crim.P., petition. Pope was sentenced to life imprisonment on his underlying conviction for assault in the first degree, a violation of § 13A-6-20, Code of Alabama 1975.

In his petition, Pope raises a number of grounds for relief, including claims of ineffective assistance of counsel. Although an evidentiary hearing was held on the merits of Pope's petition, the trial court, in its order, failed to state with particularity its reasons for denying the petition. See Williams v. State, 659 So.2d 972 (Ala.Cr.App. 1994); Burrell v. State, 655 So.2d 45 (Ala.Cr.App. 1992); and Sullivan v. State, 652 So.2d 766 (Ala.Cr.App. 1993). If the trial judge had personal knowledge of the underlying facts concerning the issues in this case, he may deny the petition on those grounds without further proceedings, so long as he states the specific reasons for his denial in the written order. Bowers v. State, [CR-94-0935, December 1, 1995] ___ So.2d ___ (Ala.Cr.App. 1995); Sheats v. State, 556 So.2d 1094 (Ala.Cr.App. 1989).

This cause is, therefore, remanded to the trial court with instructions that the court enter an order stating with particularity the court's reasons for denying the petition. The trial court's findings shall be returned to this court within 90 days of the release of this opinion.

REMANDED WITH INSTRUCTIONS.

All judges concur.


Summaries of

Pope v. State

Court of Criminal Appeals of Alabama
Mar 8, 1996
682 So. 2d 486 (Ala. Crim. App. 1996)
Case details for

Pope v. State

Case Details

Full title:William POPE v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Mar 8, 1996

Citations

682 So. 2d 486 (Ala. Crim. App. 1996)

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