Court of Civil Appeals of Alabama March 10, 1995, 2940028, 2940029 (Maxwell v. State, Jefferson County)

RICHARD L. HOLMES, Retired Appellate Judge.

John Lee Maxwell, Jr., appeals from the trial court’s denial of his motion filed pursuant to Rule 60(b), Ala.R.Civ.P.

Our review of the record reveals the following pertinent facts: Maxwell was arrested in Birmingham, Alabama, on April 7, 1992. At the time of his arrest, Maxwell was in possession of $3,271 in U.S.