Alabama Court of Criminal Appeals, 1989

Gilbert v. City of Opp.

Gilbert v. City of Opp.
Alabama Court of Criminal Appeals · Decided September 29, 1989 · McMillan
554 So. 2d 498; 1989 Ala. Crim. App. LEXIS 754; 1989 WL 140705 (Southern Reporter, Second Series)

Gilbert v. City of Opp.

Opinion of the Court

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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