Gay v. State

MONTIEL, Judge.

Phillip Gay filed a post-conviction petition with the Coffee Circuit Court, attacking his first degree robbery conviction. In his petition, the appellant raises numerous grounds. The trial judge denied the petition without a hearing.

This cause must be remanded to the circuit court because of the State’s failure to respond, as required by Rule 32.7(a), A.R.Crim. P., to the allegations raised by the appellant in his petition. See Ex parte Rice, 565 So.2d 606 (Ala.1990); Smith v. State, 581 So.2d 1283 (Ala.Crim.App.1991), Rivers v. State, 583 So.2d 1368 (Ala.Crim.App.1991);…