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Hayes v. State

Court of Criminal Appeals of Alabama
Mar 26, 1993
616 So. 2d 367 (Ala. Crim. App. 1993)

Opinion

CR-91-1585.

March 26, 1993.

Appeal from the Morgan Circuit Court.

Johnny R. Hayes, pro se.

James H. Evans, Atty. Gen., and Robert Lusk, Asst. Atty. Gen., for appellee.


ON RETURN TO REMAND


The appellant, Johnny R. Hayes, appealed the summary denial of his petition for post-conviction relief under Rule 32, A.R.Crim.P. We remanded this cause with instructions that the trial court hold an evidentiary hearing on the appellant's allegations of ineffective assistance of counsel and then file with this court its written findings of fact concerning each material allegation of ineffective assistance of counsel raised in the petition. 616 So.2d 367. Rule 32.9(d), A.R.Crim.P. The trial court has complied with our directions.

The appellant alleged in his petition that his trial counsel advised him to plead guilty. He also contended that he was not told the maximum sentence he could receive by pleading guilty based on the fact that he was charged in a three-count indictment. After the hearing on his petition; at which conflicting evidence was presented, the trial court found that the appellant had not been coerced to plead guilty and that his guilty plea was voluntary. The evidence showed that, before pleading guilty, the appellant had signed an "Ireland" form and had been informed of the correct sentence he could receive by pleading guilty. The Ireland form also contained the statement that the appellant was satisfied with his trial counsel. The trial court correctly denied the appellant's petition.

AFFIRMED.

All the Judges concur.


Summaries of

Hayes v. State

Court of Criminal Appeals of Alabama
Mar 26, 1993
616 So. 2d 367 (Ala. Crim. App. 1993)
Case details for

Hayes v. State

Case Details

Full title:Johnny R. HAYES v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Mar 26, 1993

Citations

616 So. 2d 367 (Ala. Crim. App. 1993)

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was not an abuse of discretion. See Hayes v. State, 616 So.2d 367, 368 (Ala. Crim. App. 1993) (where Hayes…