Alabama Court of Criminal Appeals, 1991

Tolbert v. State

Tolbert v. State
Alabama Court of Criminal Appeals · Decided April 26, 1991 · Taylor
579 So. 2d 700; 1991 Ala. Crim. App. LEXIS 270; 1991 WL 88569 (Southern Reporter, Second Series)

Tolbert v. State

Opinion of the Court

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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