Stephens v. State, 3 Div. 608
Decision Date | 12 October 1982 |
Docket Number | 3 Div. 608 |
Citation | 420 So.2d 826 |
Parties | Shelly J. STEPHENS v. STATE. |
Court | Alabama Court of Criminal Appeals |
Jack W. Wallace, Jr., of Duffey and Wallace, Montgomery, for appellant.
Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.
This is an appeal from the denial of a petition for writ of error coram nobis. The petitioner argues that he was entitled to a hearing since the petition was meritorious on its face. Ellison v. State, 406 So.2d 439 (Ala.Cr.App.1981).
In denying the petition the circuit court issued a memorandum opinion:
Further, as Petitioner was convicted of murder in the first degree, the Court had no discretion in sentencing and was required to impose the sentence of life imprisonment in the penitentiary returned by the jury and required by statute.
This opinion reveals that the petition was without merit and was properly denied.
Ellison, supra, does not stand for the proposition that the mere allegation of the denial of a constitutional right will render a petition for writ of error coram nobis "meritorious" and entitle the petitioner to an evidentiary hearing. The mere allegation that the petitioner was denied counsel, or effective counsel, is...
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