Lewis v. State, 3 Div. 300
Decision Date | 29 July 1975 |
Docket Number | 3 Div. 300 |
Citation | 55 Ala.App. 397,316 So.2d 228 |
Parties | Paul Samuel LEWIS v. STATE. |
Court | Alabama Court of Criminal Appeals |
George H. Howell, Prattville, for appellant.
William J. Baxley, Atty. Gen., and Sarah M. Greenhaw, Asst. Atty. Gen., for the State.
Appeal from denial of writ of error coram nobis.
The appellant was indicted on three counts of murder in the first degree on September 12, 1969, for the strangulation death of Jacquelyn Ann Hill in Autauga County. The appellant was represented at trial by attorney Solomon S. Seay, Jr., who on trial date entered a plea of guilty on behalf of his client. By agreement, the appellant was then sentenced to life imprisonment.
The appellant filed a petition for writ of error coram nobis on July 13, 1973, alleging that upon pleading guilty on November 5, 1970, he was not apprised of his constitutional rights pursuant to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).
At the coram nobis hearing, the transcript of the proceedings culminating in the guilty plea was introduced into evidence, and the State called the appellant's former attorney, Solomon S. Seay, Jr., as a witness. Over objection, Mr. Seay testified that he fully apprised the appellant of all of his constitutional rights as set out in Boykin, supra, and enumerated them to the court.
The transcript of November 5, 1970, after certain plea bargaining between the appellant, his counsel and the State, shows the following sequence:
In Thomas v. State, 280 Ala. 109, 190 So.2d 542 (1966), the Alabama Supreme Court stated that the writ of error coram nobis is not intended to provide a review by appeal where the complaining party had not sought to appeal and the time for appeal had long since expired.
Citing Horsley v. State, 42 Ala.App. 567, 172 So.2d 56, that Court went on to state:
'. . . 'Coram nobis is not a plenipotentiary mission to retry indictments: it is a carefully guarded engine to root out egregious fraud or collusion leading to a judgment. . . .''
In the case of Mayton v. State, 52 Ala.App. 626, 296 So.2d 249 (1974), Harris, J., speaking for this Court, affirmed the trial court's denial of a similar petition for writ of error coram nobis, pointing out that the trial court failed to advise Mayton of his privilege against compulsory self-incrimination, stating:
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Evans v. State
...a claim that the accused had not been apprised of his constitutional rights at the time he entered his guilty plea. Lewis v. State, 55 Ala.App. 397, 316 So.2d 228 (1975). See also Fields v. State, 407 So.2d 186, 187 (Ala.Cr.App.1981). The writ of error coram nobis is not intended "to provid......
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