Alabama Court of Criminal Appeals, 1990

State v. Kyles

State v. Kyles
Alabama Court of Criminal Appeals · Decided December 28, 1990 · Patterson
574 So. 2d 1057; 1990 Ala. Crim. App. LEXIS 2081; 1990 WL 257292 (Southern Reporter, Second Series)

State v. Kyles

Opinion of the Court

ON RETURN TO REMAND

PATTERSON, Judge.

We remanded this case to the trial court for reconsideration of the facts pursuant to Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Upon reconsideration, the trial court set aside its previous order granting defendant’s motion to suppress and entered a new order denying the motion. The relief sought by appel*1058lant, State of Alabama, having been granted, this appeal is due to be, and it is hereby, dismissed as being moot.

OPINION EXTENDED; APPEAL DISMISSED,

All Judges concur.

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