James v. State

*1196 On Return To Remand

McMILLAN, Judge.

This cause was remanded to the trial court with instructions to address the merits of Joseph Wayne James’s Rule 32, Ala.R.Crim. P., petition and to conduct an evidentiary healing if necessary. 685 So.2d 1195 (Ala.Crim.App.1995).

The trial court, in compliance with this court’s order, conducted an evidentiary hearing, after which it issued an order that included the following specific findings of fact:

“Petitioner has failed to allege sufficient facts to support his claim that robbery in the third degree was not a lesser included offense of robbery in the…