Whitaker v. State

LONG, Judge.

The appellant, Wendell Eugene Whitaker, appeals from the dismissal of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P., which attacked the revocation of his probation. On appeal, the appellant contends that the trial court erroneously dismissed his Rule 32 petition without an evidentiary hearing. We agree.

On October 1, 1994, the appellant filed a petition for post-conviction relief pursuant to Rule 32, Ala.R.Crim.P., in the Circuit Court of Houston County. In that petition, the appellant alleged that he was denied due process because, he said, his…