Alabama Court of Criminal Appeals, 1992

Weary v. State

Alabama Court of Criminal Appeals · Decided March 27, 1992 · McMillan

596 So. 2d 952; 1992 Ala. Crim. App. LEXIS 166; 1992 WL 95082 (Southern Reporter, Second Series)

Opinion of the Court

ON RETURN TO REMAND

McMILLAN, Judge.

We remanded this case to the trial court with instructions to determine whether the appellant wished to pursue his direct appeal. The trial court has now filed its return, which states that the appellant, appearing with his counsel in open court, has “informed the court that he does not wish to pursue this appeal.”

*953For the reason stated, the appeal is due to be, and it is hereby, dismissed.

APPEAL DISMISSED.

All Judges concur.

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