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01/13/95 THOMAS LEON GARNER v. CITY BREWTON

January 13, 1995

THOMAS LEON GARNER
v.
CITY OF BREWTON



Appeal from Brewton Municial Court. (19,789).

Montiel, Judge. Patterson and McMillan, JJ concur; Taylor, J., Dissents with opinion in which Bowen, P.j., joins.

The opinion of the court was delivered by: Montiel

MONTIEL, JUDGE

APPEAL DISMISSED BY MEMORANDUM.

Patterson and McMillan, JJ concur; Taylor, J., Dissents with opinion in which Bowen, P.J., joins.

Dissenting from Unpublished Memorandum

TAYLOR, JUDGE (dissenting)

I Dissent from the majority's dismissal of this appeal from the court's denial of the appellant's petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P. The majority dismissed this appeal because no final judgment had been entered on the appellant's underlying conviction. This appeal, however, is from the denial of the appellant's petition for post-conviction relief; it is not a direct appeal from his conviction. While this court would not, in this proceeding, have jurisdiction over the appellant's direct appeal, there was a final ruling on the appellant's petition for post-conviction relief and that ruling is correctly before this court. I believe that this court should rule on the correctness of the court's denial of the appellant's post-conviction petition.

19950113

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