Opinion
CR-94-1763.
October 20, 1995.
Appeal from Jefferson Circuit Court (CC-94-901.60); Richmond Pearson, Judge.
David Gespass, Birmingham, for Appellant.
Jeff Sessions, Atty. Gen., and Norbert Williams, Asst. Atty. Gen., for Appellee.
The appellant, Larry Dean Boike, appeals the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P.
The appellant contends that a guilty plea was entered on his behalf by his attorney outside his presence and without his permission or knowledge. The state has filed a motion to remand this case to the trial court so that an evidentiary hearing may be conducted on these allegations.
This case is remanded to the Circuit Court for Jefferson County so that the court may hold an evidentiary hearing on these allegations and make specific findings of fact on each material issue of fact presented in the petition as required by Rule 32.9(d), Ala.R.Crim.P. Due return should be filed with this court no later than 42 days from the date of this opinion.
Note from the Reporter of Decisions: On February 9, 1996, on return to remand, the Court of Criminal Appeals dismissed the appeal, without opinion.
All the Judges concur.