Legal Opinion · Concurring in part, dissenting in part

Rice v. State

Court of Criminal Appeals of Alabama

Decided March 22, 2002No. CR-00-2647Published

1Concurring in part, dissenting in partCobb, Judge

I concur in affirming the circuit court’s revocation of Rice’s probation and the imposition of the remainder of his one-year sentence; however, I would remand this cause to the Madison Circuit Court with instructions for that court to determine whether Rice has been properly credited with the correct amount of time he spent incarcerated (and on work release) before his probation was revoked, and based on those findings, to determine whether Rice should be immediately released from jail in case CC-99-1122.

I have made this determination despite the fact that “ ‘a petition for writ of habeas…

2Cases cited2 opinions

  1. Taunton v. StateCourt of Criminal Appeals of Alabama · 1989
  2. Adcock v. StateCourt of Criminal Appeals of Alabama · 1998

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