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MERCHANT v. STATE (2022)

Court of Criminal Appeals of Alabama.2022-12-16No. CR-21-0222

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Opinion

AFFIRMED BY UNPUBLISHED MEMORANDUM.

A petition for a writ of mandamus, not a Rule 32, Ala. R. Crim. P., petition for postconviction relief, is the proper avenue by which to challenge a trial courts order directing the Alabama Department of Corrections to withhold from an inmates trust-fund account any and all economic-impact payments received by the inmate pursuant to the Coronavirus Aid, Relief, and Economic Security Act so that those funds can be used to pay any restitution, fines, fees, or costs owed by the inmate. See Ex parte Reno, [Ms. CR-20-0512, Feb. 11, 2022] ––– So. 3d –––– (Ala. Crim. App. 2022). Instead of affirming the circuit courts judgment summarily dismissing Charles David Merchants Rule 32 petition, I would treat this appeal as a petition for a writ of mandamus and deny the petition. Therefore, I respectfully dissent.

COLE, Judge.

Windom, P.J., concurs. Minor, J., concurs in the result. Kellum, J., dissents, with opinion. McCool, J., recuses himself.