Burrell v. State

McMILLAN, Judge.

The appellant filed a petition under Rule 32, A.R.Cr.P., seeking relief from convictions of burglary in the first degree and assault in the second degree and from his sentences to life imprisonment and life imprisonment without parole, respectively, as a habitual offender. Before any response to the petition was made by the State, the trial court conducted an evidentiary hearing and issued an order, which stated, in pertinent part, as follows:

“Said evidentiary hearing having been held ore tenus, it is hereby, ORDERED, ADJUDGED AND DECREED said Petition is DENIED.”

The…