Legal Opinion · Dissent

Canyon v. State

Court of Criminal Appeals of Alabama

Decided July 8, 2016No. CR-15-0607Published

1DissentJoiner, Judge

This Court’s decision ostensibly granting James Lynn Canyon’s Rule 32, Ala. R.Crim. P., petition for postconviction relief and remanding this case to the circuit court for that court to “vacate one of [his theft-of-property] convictions and the accompanying sentence” 218 So.3d at 874, is, at this juncture, premature.

Here, as the main opinion explains, Canyon’s Rule 32, Ala.Crim. P., petition was deemed filed on May 15, 2015; it challenged his January 22, 2001, guilty-plea convictions for third-degree burglary, see § 13A-7-7, Ala.Code 1975, first-degree theft of property, see § 13A-8-3,…

2Cases cited7 opinions

  1. Ex Parte DarbySupreme Court of Alabama · 1987
  2. Pardue v. StateSupreme Court of Alabama · 1990
  3. Pardue v. StateCourt of Criminal Appeals of Alabama · 1989
  4. Ex Parte RobeySupreme Court of Alabama · 2004
  5. Williams v. StateCourt of Criminal Appeals of Alabama · 2012

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