Gilbert v. City of Opp.

554 So. 2d 498, 1989 Ala. Crim. App. LEXIS 754, 1989 WL 140705
Court of Criminal Appeals of Alabama·Decided September 29, 1989·No. 4 Div. 326·Published

Opinion

McMILLAN, Judge.

Appellant’s attorney has failed to file a brief with this Court. The appellant is entitled to the effective assistance of counsel on the first appeal as of right. Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985); Sandifer v. State, 535 So.2d 203, 205 (Ala.Cr.App.1987); Poe v. State, 510 So.2d 852 (Ala.Cr.App.1987). This case is therefore due to be remanded to the trial court for appointment of different counsel to represent the appellant.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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Gilbert v. City of Opp., 554 So. 2d 498, 1989 Ala. Crim. App. LEXIS 754, 1989 WL 140705 (Ala. Ct. App. 1989).

554 So. 2d 498 (Gilbert v. City of Opp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Evitts v. Lucey
469 U.S. 387 (Supreme Court, 1985)
Sandifer v. State
535 So. 2d 203 (Court of Criminal Appeals of Alabama, 1988)
Poe v. State
510 So. 2d 852 (Court of Criminal Appeals of Alabama, 1987)