Boutwell v. City of Bay Minette

Court of Criminal Appeals of Alabama

Boutwell v. City of Bay Minette

522 So. 2d 325, 1988 Ala. Crim. App. LEXIS 15, 1988 WL 24624

CourtCourt of Criminal Appeals of Alabama

DecidedFebruary 18, 1988

Docket1 Div. 580

StatusPublished

Cited by2 cases

This text of 522 So. 2d 325 (Boutwell v. City of Bay Minette) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boutwell v. City of Bay Minette, 522 So. 2d 325, 1988 Ala. Crim. App. LEXIS 15, 1988 WL 24624 (Ala. Ct. App. 1988).

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Opinion

PATTERSON, Judge.

Appellant, Richard Alvoid Boutwell, was convicted for the offense of disorderly conduct, sentenced to 90 days’ imprisonment in the county jail, and ordered to pay a $500 fine and costs. Appellant’s retained attorney gave timely notice of appeal, and appellant’s brief was due to be filed with this court no later than November 3, 1987. On November 16, 1987, having received no brief from appellant, the clerk of this court notified appellant’s attorney by letter that a brief had not been filed and called counsel’s attention to Mylar v. Alabama, 671 F.2d 1299 (11th Cir.1982), cert. denied, 463 U.S. 1229, 103 S.Ct. 3570, 77 L.Ed.2d 1411 (1983), which holds that “the failure to file a brief in a nonfrivolous appeal falls below the standard of competence expected and required of counsel in criminal cases and, therefore, constitutes ineffective assistance.” See Cannon v. Berry, 727 F.2d 1020 (11th Cir.1984). No appellate brief has been filed as of the date of this opinion.

We, therefore, deem it necessary to dismiss this appeal, and do so under the authority of A.R.A.P. 2(a)(2)(A) and (C), because of appellant’s failure to file a brief within the time provided by A.R.A.P. 31 and his failure to prosecute the appeal.

If appellant is without fault in failing to file the brief or to prosecute the appeal, he may consider an application for post conviction relief under A.R.Crim.P.Temp. 20.

This appeal is due to be, and it is hereby, dismissed.

DISMISSED.

All Judges concur.

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PATTERSON, Judge.

Appellant, Richard Alvoid Boutwell, was convicted for the offense of disorderly conduct, sentenced to 90 days’ imprisonment in the county jail, and ordered to pay a $500 fine and costs. Appellant’s retained attorney gave timely notice of appeal, and appellant’s brief was due to be filed with this court no later than November 3, 1987. On November 16, 1987, having received no brief from appellant, the clerk of this court notified appellant’s attorney by letter that a brief had not been filed and called counsel’s attention to Mylar v. Alabama, 671 F.2d 1299 (11th Cir.1982), cert. denied, 463 U.S. 1229, 103 S.Ct. 3570, 77 L.Ed.2d 1411 (1983), which holds that “the failure to file a brief in a nonfrivolous appeal falls below the standard of competence expected and required of counsel in criminal cases and, therefore, constitutes ineffective assistance.” See Cannon v. Berry, 727 F.2d 1020 (11th Cir.1984). No appellate brief has been filed as of the date of this opinion.

We, therefore, deem it necessary to dismiss this appeal, and do so under the authority of A.R.A.P. 2(a)(2)(A) and (C), because of appellant’s failure to file a brief within the time provided by A.R.A.P. 31 and his failure to prosecute the appeal.

If appellant is without fault in failing to file the brief or to prosecute the appeal, he may consider an application for post conviction relief under A.R.Crim.P.Temp. 20.

This appeal is due to be, and it is hereby, dismissed.

DISMISSED.

All Judges concur.

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Bluebook (online)

522 So. 2d 325, 1988 Ala. Crim. App. LEXIS 15, 1988 WL 24624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boutwell-v-city-of-bay-minette-alacrimapp-1988.

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