Antonio Twan Thomas v. State of Alabama
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REL 04/04/2008 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2007-2008 _________________________ CR-07-0470 _________________________ Antonio Twan Thomas v. State of Alabama Appeal from Montgomery Circuit Court (CC-03-1088.60) BASCHAB, PRESIDING JUDGE On October 20, 2003, the appellant, Antonio Twan Thomas, pled guilty to two counts of first-degree robbery. The trial court to sentenced him, as a habitual concurrent terms of life in prison. offender, serve See ยง13A-5-9(c), Ala. CR-07-0470 Code 1975. The appellant did not appeal his convictions. On October 5, 2007, he filed a Rule 32 petition, challenging his convictions. After the State responded, the circuit court summarily dismissed the petition. The appellant argues that This appeal followed. his sentences exceed the maximum authorized by law or are otherwise not authorized by law. Specifically, he contends that the trial court erroneously sentenced him as a habitual offender because one of the prior out-of-state convictions that was used to enhance his sentence was nolle prossed and because the other out-ofstate convictions that were used to enhance his sentence would not constitute felonies in Alabama. The State did not refute the appellant's specific allegations. Also, the circuit court did not make any findings of fact regarding the appellant's specific allegations. could be Because the appellant's allegations meritorious, the circuit court erred in not addressing them. Accordingly, we remand this case to the circuit court for that court concerning to the make specific, appellant's written allegations. findings On of remand, fact the circuit court may require the State to respond specifically to 2 CR-07-0470 the appellant's contentions and/or may conduct an evidentiary hearing. The circuit court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 56 days after the release of this opinion. the circuit court's The return to remand shall include written findings of fact and, if applicable, the State's response and/or a transcript of the evidentiary hearing. REMANDED WITH INSTRUCTIONS. McMillan, Wise, and Welch, JJ., concur; Shaw, J., concurs in the result. 3
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