Lingo v. State

Court of Criminal Appeals of Alabama

Lingo v. State

495 So. 2d 742, 1986 Ala. Crim. App. LEXIS 6904

CourtCourt of Criminal Appeals of Alabama

DecidedSeptember 9, 1986

Docket4 Div. 633

StatusPublished

This text of 495 So. 2d 742 (Lingo 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

Lingo v. State, 495 So. 2d 742, 1986 Ala. Crim. App. LEXIS 6904 (Ala. Ct. App. 1986).

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Opinion

AFTER REMANDMENT

BOWEN, Presiding Judge.

The petitioner, Rickey Lingo, was. convicted of driving under the influence of alcohol in the Circuit Court of Houston County. He filed a petition for writ of error in the Alabama Court of Criminal Appeals, which was granted. This Court then reversed the petitioner’s conviction, 497 So.2d 858, on authority of our opinion in Cherry v. State, 491 So.2d 1001 (Ala.Cr.App.1985). That case was reversed by the Alabama Supreme Court in Cherry v. State, 491 So.2d 1003 (Ala.1986), which held that a court can take judicial notice of a magistrate’s signature on a uniform traffic ticket and complaint. Since the U.T.T.C. was properly verified, the judgment of the circuit court is affirmed.

AFFIRMED.

All Judges concur.

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AFTER REMANDMENT

BOWEN, Presiding Judge.

The petitioner, Rickey Lingo, was. convicted of driving under the influence of alcohol in the Circuit Court of Houston County. He filed a petition for writ of error in the Alabama Court of Criminal Appeals, which was granted. This Court then reversed the petitioner’s conviction, 497 So.2d 858, on authority of our opinion in Cherry v. State, 491 So.2d 1001 (Ala.Cr.App.1985). That case was reversed by the Alabama Supreme Court in Cherry v. State, 491 So.2d 1003 (Ala.1986), which held that a court can take judicial notice of a magistrate’s signature on a uniform traffic ticket and complaint. Since the U.T.T.C. was properly verified, the judgment of the circuit court is affirmed.

AFFIRMED.

All Judges concur.

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Bluebook (online)

495 So. 2d 742, 1986 Ala. Crim. App. LEXIS 6904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lingo-v-state-alacrimapp-1986.

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