Collier v. State

LYONS, Justice.

Lee M. Collier filed in the trial court a motion pursuant to Rule 29, Ala. R.Crim. P., that he entitled “Motion to Correct Clerical Error in Calculation of Credit Toward Sentence for Time Spent Incarcerated Pending Trial.” The trial court summarily denied the motion without requiring a response from the State. Collier appealed. The Court of Criminal Appeals treated Collier’s motion as a petition for a writ of habeas corpus, and it affirmed the judgment of the trial court on the basis that Collier did not verify his petition and therefore did not properly commence his action.…