Hiett v. State

The appellant was convicted of possession of a short-barreled shotgun in violation of Section 13A-11-63, Code of Alabama (1975). He was thereafter sentenced to twenty years' imprisonment pursuant to the Habitual Felony Offender Act. His attorney has failed to file a brief on appeal.

"In Ex parte Dunn, 514 So.2d 1300 (Ala. 1987), our Supreme Court held:

" 'We consider the failure to file a brief on appeal to be "[a]ctual or constructive denial of the assistance of counsel," following the reasoning of other courts that have considered this question. [Citations omitted]. Consequently, no showing…