Sanford Leonard Ryles v. State of Alabama

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REL 12/21/07 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-06-1202 _________________________ Sanford Leonard Ryles v. State of Alabama Appeal from Russell Circuit Court (CC-04-215.60) BASCHAB, PRESIDING JUDGE On October 15, 2004, the appellant, Sanford Leonard Ryles, was property. convicted of second-degree receiving stolen On November 18, 2004, the trial court sentenced him, as a habitual offender, to serve a term of twenty-two CR-06-1202 years in prison. See ยง13A-5-9, Ala. Code 1975. We affirmed his conviction in an unpublished memorandum and issued a certificate of judgment on June 9, 2006. See Ryles v. State, (CR-04-0290) 925 So. 2d 1018 (Ala. Crim. App. 2005) (table). On February 27, 2007, the appellant filed a Rule 32 petition, challenging his conviction. Without requiring a response from the State, the circuit court summarily denied the petition. This appeal followed. In his petition, the appellant raised ineffective- assistance-of-counsel allegations. The State did not respond to circuit those allegations, and specifically address them. the court did not Because the appellant raised ineffective-assistance-of-counsel allegations that could be meritorious, the circuit court erred in not addressing them. Therefore, we remand this case to the circuit court for that court to make specific, written findings of fact concerning the appellant's ineffective-assistance-of-counsel allegations. On remand, the circuit court may order the State to respond to the appellant's specific allegations and/or may conduct an evidentiary hearing on those allegations. If the circuit court determines that the appellant is entitled to relief, it 2 CR-06-1202 may order such relief. 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 42 days after the release of this opinion. The return to remand shall include the circuit court's specific, written findings of fact; a copy of the State's response, if any; and a transcript of the remand proceedings, if any, conducted by the circuit court. REMANDED WITH INSTRUCTIONS. McMillan, Shaw, Wise, and Welch, JJ., concur. 3

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