Gage v. State

ON RETURN TO REMAND

TAYLOR, Judge.

The appellant, Carl Demetrius Gage, appeals from the summary denial of his petition for post-conviction relief under Rule 32, A.R.Crim.P. Pursuant to a motion filed by the state, this cause was remanded to the Circuit Court for Mobile County to allow the state to respond to the appellant’s petition. 615 So.2d 1245. The state responded, citing the procedural grounds of Rule 32.2(a)(5), A.R.Crim.P., as a bar to the appellant’s petition. The trial court denied the petition.

All of the issues raised by the appellant would be barred, by either Rule 32.2(a)(5) or…