Culver v. State

I concur with all of the main opinion except that part remanding this case to the circuit court for factual findings on the double-jeopardy question. Attempted murder and burglary are two distinct crimes, each requiring proof that the other does not. See, e.g., Arnold v. State, 668 So.2d 111 (Ala.Crim.App.1995). The trial court was correct in denying Rule 32 relief; therefore, I would affirm the judgment.