Tolbert v. State

Court of Criminal Appeals of Alabama

Tolbert v. State

579 So. 2d 700, 1991 Ala. Crim. App. LEXIS 270, 1991 WL 88569

Procedural entryThis page is a short order in Tolbert v. State. Read the opinion of the Court — 598 So. 2d 1011 →

Court of Criminal Appeals of Alabama·Decided April 26, 1991·No. CR 90-548·Published

Opinion

TAYLOR, Judge.

This cause is remanded to the circuit court to make a factual determination of whether there has been a legally cognizable notice of appeal filed by the defendant. If the circuit court ascertains that a notice of appeal has been filed, then it shall proceed on that basis. If it ascertains that no legally cognizable notice of appeal has been filed, then it should so indicate to us within 30 days of the date of this opinion so that this court may consider dismissal of the proceedings.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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TAYLOR, Judge.

This cause is remanded to the circuit court to make a factual determination of whether there has been a legally cognizable notice of appeal filed by the defendant. If the circuit court ascertains that a notice of appeal has been filed, then it shall proceed on that basis. If it ascertains that no legally cognizable notice of appeal has been filed, then it should so indicate to us within 30 days of the date of this opinion so that this court may consider dismissal of the proceedings.

REMANDED WITH DIRECTIONS.

All the Judges concur.

Tolbert v. State, 579 So. 2d 700, 1991 Ala. Crim. App. LEXIS 270, 1991 WL 88569 (Ala. Ct. App. 1991).

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