McCollough v. State

On Return to Remand

McMillan, judge.

This cause was remanded for the trial court to obtain a clarification of a ruling by the superior court of Troup County, Georgia, which John Tom McCollough, Jr.’s, Rule 32, Ala.R.Cr.P., challenged as forming the basis for his sentence as an habitual offender in Alabama. The trial court has now filed its return, which states, in pertinent part, the following:

“[T]he petitioner has failed to meet his burden of proof with regard to the relief from sentence he seeks; and more particularly, he has failed to meet his burden with regard to clarifying the Georgia…