Alabama Court of Criminal Appeals, 1991

Walker v. State

Walker v. State
Alabama Court of Criminal Appeals · Decided September 20, 1991 · Tyson
587 So. 2d 1288; 1991 Ala. Crim. App. LEXIS 1402; 1991 WL 200713 (Southern Reporter, Second Series)

Walker v. State

Opinion of the Court

ON RETURN TO REMAND

TYSON, Judge.

On July 23, 1991, this cause was remanded to the Circuit Court of Houston County to determine whether this appellant desired to pursue his appeal in this cause, and if so, to appoint counsel on his behalf. 583 So.2d 1371. The circuit court then notified the appellant to advise the court concerning his wishes with reference to the appeal and to desired counsel.

Over a month passed and the appellant did not advise the court concerning these matters. The circuit court then entered the following order:

“ORDER
“Pursuant to the mandate of the Court of Criminal Appeals, I have ordered the Defendant to notify the Court of his intentions with regard to the appeal in these cases. He has failed to do so within the time allotted after notice of my order. I have therefore found that the Defendant does not wish to pursue his appellate remedies. The Clerk will notify counsel, the Defendant and the Court of Criminal Appeals of this order.
“ORDERED August 26, 1991.
“/s/ Michael Crespi “MICHAEL CRESPI, CIRCUIT JUDGE TWENTIETH JUDICIAL CIRCUIT OF ALABAMA.”

Based on the order of the circuit court, this appeal is dismissed with prejudice.

APPEAL DISMISSED.

All the Judges concur.

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