Austin v. State

This is an appeal from the denial of a pro se petition for writ of error coram nobis. The meritorious allegations of the petitioner have not been contested by a responsive pleading filed by the State. Ex parte Floyd, 457 So.2d 961 (Ala. 1984). The petitioner is entitled to an evidentiary hearing. Ex parteBoatwright, 471 So.2d 1257 (Ala. 1985). The necessity for this action is recognized and not contested by the Attorney General on this appeal.

This cause is remanded for further proceedings in accordance with the cited authority.

REMANDED WITH DIRECTIONS.

All Judges concur.