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State v. Winston

591 So. 2d 147 (Ala. Crim. App. 1991)
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State v. Winston

3 Citing cases

  1. State v. Hails

    814 So. 2d 980 (Ala. Crim. App. 2000)   Cited 14 times
    Recognizing Maryland v. Wilson, 519 U.S. 408, 415, 117 S.Ct. 882, 137 L.Ed.2d 41

    It is undisputed that the State's notice of appeal did not comply with Rule 15.7(a), Ala.R.Crim.P. The question becomes, does the failure to comply with Rule 15.7(a) divest this Court of jurisdiction in this case? In State v. Winston, 591 So.2d 147 (Ala.Cr.App. 1991), this Court dismissed an appeal after determining that the notice of appeal did not contain a certificate statement by the district attorney. This Court stated that the failure to comply with Rule 15.7(a) (then Rule 17(a), Ala.R.Crim.P.Temp.)

  2. State v. Sullivan

    741 So. 2d 1125 (Ala. Crim. App. 1999)   Cited 5 times

    The right of the State to appeal is governed by § 12-12-70(c) and § 12-22-91, which govern appeals by the state after a statute or ordinance has been declared invalid, and by Rule 15.7, Ala.R.Crim.P., which provides for appeals of certain pretrial rulings that are adverse to the State. See State v. Winston, 591 So.2d 147 (Ala.Cr.App. 1991). Rule 15.7 states in pertinent part:

  3. State v. Ross

    615 So. 2d 1284 (Ala. Crim. App. 1993)

    7, A.R.Cr.P. See State v. Winston, 591 So.2d 147 (Ala.Cr.App. 1991). Section 40-17A-1(3), Code of Alabama 1975, defines "dealer" for the purposes of levying the "drugs and controlled substances excise tax":