Burrell v. State

ON RETURN TO REMAND

McMILLAN, Judge.

We remanded this cause, 655 So.2d 45 (1992), for the trial judge to state the reasons, if these reasons were based on his personal knowledge of the underlying facts, for his denial of the appellant’s Rule 32, A.R.Cr.P., petition. If they were not, the trial judge, after obtaining a response from the district attorney, was to make specific findings of fact as to each material issue that had been presented by the appellant at the evidentiary hearing.

The trial court has now filed its return, which states that on remand, counsel has presented new issues that are…