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Byrd v. State

Court of Criminal Appeals of Alabama
Sep 8, 1995
668 So. 2d 899 (Ala. Crim. App. 1995)

Opinion

CR-94-1083.

July 28, 1995. Rehearing Denied September 8, 1995.

Appeal from Colbert Circuit Court, No. CC-85-107; Pride Tompkins, Judge.

William E. Smith, Jr., Florence, for Appellant.

Jeff Sessions, Atty. Gen., and Thomas Leverette, Asst. Atty. Gen., for Appellee.


AFFIRMED BY MEMORANDUM.

McMILLAN, COBB, and LONG, JJ., concur.

TAYLOR, P.J., dissents with opinion.


It is apparent that a crucial portion of the record has been omitted. It is the better practice, and we should in this case, under Rule 10(g), Ala.R.App.P., request that the record be made complete by the circuit clerk as required by law. To do otherwise will invite a coram nobis proceeding based on ineffective assistance of counsel.


Summaries of

Byrd v. State

Court of Criminal Appeals of Alabama
Sep 8, 1995
668 So. 2d 899 (Ala. Crim. App. 1995)
Case details for

Byrd v. State

Case Details

Full title:Mark A. BYRD v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Sep 8, 1995

Citations

668 So. 2d 899 (Ala. Crim. App. 1995)