Herren v. State

On Return to Remand

This court's opinion of May 26, 2006, remanding this cause for further proceedings based on Ex parte Cole,842 So.2d 605 (Ala. 2002), is hereby withdrawn and the following opinion substituted therefor.

John Herren appeals from the trial court's summary dismissal of his five Rule 32, Ala. R.Crim. P., petitions. In 1984 Herren was indicted in three cases for robbery in the first degree (CC-84-2876, CC-84-2878, and CC-84-2879), violations of §13A-8-41, Ala. Code 1975, and in two cases for escape in the third degree (CC-84-2877 and CC-84-2880), violations of §13A-10-33(a), Ala.…