State v. Kyles

Full title: STATE v. Kenneth Ray KYLES

Court: Court of Criminal Appeals of Alabama

Date published: Dec 28, 1990

574 So. 2d 1057 (Ala. Crim. App. 1990)

Opinion

CR 89-192.

December 28, 1990.

Appeal from Montgomery Circuit Court, No. CC-89-557-G.

Don Siegelman, Atty. Gen., and Margaret S. Childers, Asst. Atty. Gen., for appellant.

Barry E. Teague, Montgomery, for appellee.

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 appellant, 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.