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Tolbert v. State

Court of Criminal Appeals of Alabama
Apr 26, 1991
579 So. 2d 700 (Ala. Crim. App. 1991)

Opinion

CR 90-548.

April 26, 1991.

Appeal from Mobile Circuit Court.

Hardy Devan Tolbert, pro se.

James H. Evans, Atty. Gen., and Frances H. Smith, Asst. Atty. Gen., for the State.


This cause is remanded to the circuit court to make a factual determination of whether there has been a legally cognizable notice of appeal filed by the defendant. If the circuit court ascertains that a notice of appeal has been filed, then it shall proceed on that basis. If it ascertains that no legally cognizable notice of appeal has been filed, then it should so indicate to us within 30 days of the date of this opinion so that this court may consider dismissal of the proceedings.

REMANDED WITH DIRECTIONS.

All the Judges concur.


Summaries of

Tolbert v. State

Court of Criminal Appeals of Alabama
Apr 26, 1991
579 So. 2d 700 (Ala. Crim. App. 1991)
Case details for

Tolbert v. State

Case Details

Full title:Hardy Devan TOLBERT v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Apr 26, 1991

Citations

579 So. 2d 700 (Ala. Crim. App. 1991)