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James ALLEN, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee
BY THE COURT:
Respondent’s motion to revise our order, 732 F.2d 858, denying rehearing in this case is GRANTED. The language in the second paragraph, “[w]e held that petitioner was entitled to the out-of-time appeal and, because he is indigent, to a transcript of his trial as an incident thereto,” is deleted and the following is inserted in lieu thereof:
We held that petitioner was entitled to an evidentiary hearing to determine whether he had voluntarily and knowingly waived his right to appeal.