
    James ALLEN, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.
    No. 82-7290.
    United States Court of Appeals, Eleventh Circuit.
    June 21, 1984.
    N.P. Callahan, Jr., Birmingham, Ala. (court-appointed), for petitioner-appellant.
    Thomas R. Allison, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.
    
      Before GODBOLD, Chief Judge, and RONEY and SMITH , Circuit Judges.
    
      
       Honorable Edward S. Smith, U.S. Circuit Judge for the Federal Circuit, sitting by designation.
    
   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.  