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Alabama Court of Criminal Appeals, 2008

Wilson v. State

Wilson v. State
Alabama Court of Criminal Appeals · Decided April 25, 2008 · Shaw, Memillan, Wise, Baschab, Welch
993 So. 2d 48; 2008 Ala. Crim. App. LEXIS 89; 2008 WL 1838327 (Southern Reporter, Second Series)

Wilson v. State

Opinion of the Court

On Application for Rehearing

SHAW, Judge.

UNPUBLISHED MEMORANDUM OF FEBRUARY 1, 2008, WITHDRAWN; MEMORANDUM SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED BY UNPUBLISHED MEMORANDUM.

MeMILLAN and WISE, JJ., concur. BASCHAB, P.J., dissents, with opinion. WELCH, J., dissents.

Dissenting Opinion

BASCHAB, Presiding Judge,

The record in this case does not affirmatively establish that the appellant “had notice of the time and place of the proceeding and was informed of his right to be present” and that he made “an understanding and voluntary waiver of the right to be present,” as is required by Rule 9.1(b)(ii), Ala. R.Crim. P. Therefore, the *49trial court improperly tried him in absen-tia, and I respectfully dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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