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Chillous v. State

Court of Criminal Appeals of Alabama
Sep 30, 1994
649 So. 2d 1342 (Ala. Crim. App. 1994)

Opinion

CR-93-731.

September 30, 1994.

Appeal from Montgomery Circuit Court; Randall Thomas, Judge.

Clyde Chillous, Jr., pro se.

James H. Evans, Atty. Gen., and Jack Willis, Asst. Atty. Gen., for appellee.


ON RETURN TO REMAND


The appellant, Clyde Chillous, Jr., appeals from the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P. We remanded this cause so that the circuit court could hold a hearing on the appellant's allegation that his guilty plea was not voluntary because he was allegedly misinformed about the length of sentence he faced upon conviction. Chillous v. State, 649 So.2d 1341 (Ala.Cr.App. 1994). See Cantu v. State, [Ms. 1920426, April 15, 1994] 1994 WL 129749 (Ala. 1994).

The circuit court has complied with our directions. The court's order reflects that the appellant was correctly informed about the sentence he faced by pleading guilty. The court further stated in its order denying the petition:

"On July 22, 1994, a hearing was held before this Court in which testimony was taken from the Honorable Raymond Johnson, as defense counsel, and from the Petitioner. Upon hearing the testimony of Mr. Johnson and of the Petitioner, the Court is of the conclusion that the Petitioner was [not] coerced into pleading guilty to the manslaughter and attempted murder charges. On the contrary, the Petitioner stated at the hearing that he pleaded guilty because it was the 'right thing to do.' "

The appellant's petition for post-conviction relief pursuant to Rule 32, Ala.R.Crim.P., was correctly denied; the trial court's judgment is affirmed.

AFFIRMED.

All the Judges concur.


Summaries of

Chillous v. State

Court of Criminal Appeals of Alabama
Sep 30, 1994
649 So. 2d 1342 (Ala. Crim. App. 1994)
Case details for

Chillous v. State

Case Details

Full title:Clyde CHILLOUS, Jr. v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Sep 30, 1994

Citations

649 So. 2d 1342 (Ala. Crim. App. 1994)