Esters v. State

Court of Criminal Appeals of Alabama

Esters v. State

308 So. 2d 742, 54 Ala. App. 383, 1975 Ala. Crim. App. LEXIS 1573

CourtCourt of Criminal Appeals of Alabama

DecidedFebruary 18, 1975

Docket1 Div. 533

StatusPublished

Cited by1 cases

This text of 308 So. 2d 742 (Esters v. State) 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

Esters v. State, 308 So. 2d 742, 54 Ala. App. 383, 1975 Ala. Crim. App. LEXIS 1573 (Ala. Ct. App. 1975).

Pincite

Opinion

CATES, Presiding Judge.

Appeal from revocation of probation. See Sparks v. State, 40 Ala.App. 551, 119 So.2d 596, which requires assignments of error. Supreme Court Rule 52 does not excuse the lack of assignments except in appeals from ordinance violations. Additionally, appellant’s counsel has filed a no-merit letter.

No errors having been assigned, nothing is presented for review. See the numerous annotations appended to Supreme Court Rule 1 in Michie’s 1958 Code, T. 7.

Where there is no final judgment a purported appeal is due to be dismissed. McKinley v. Morris, 280 Ala. 408, 194 So.2d 565. Here there is a final judgment placing in execution the sentence originally pronounced. In such a case the judgment below is due to be affirmed. Dobson v. [384]*384Deason, 258 Ala. 219, 61 So.2d 764; Nichols v. Hardegree, 202 Ala. 132, 79 So. 598.

The judgment below is

Affirmed.

All the Judges concur.

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