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365 So. 2d 335

Turner v. State

Court of Criminal Appeals of Alabama

Decided October 3, 1978

Court of Criminal Appeals of Alabama · decided 1978-10-03

Key passage — most relied on by later courts

“[a] request for probation following sentencing does not extend the time for appeal from a judgment of conviction”

quoted by 2 later decisions, including 602 So. 2d 504 - Martinez v. State, 530 So. 2d 903 - State v. Reiner

“Furthermore, the original granting or denial of probation is entirely within the discretion of the trial court and is not reviewable upon appeal from a judgment of conviction. Turner v. State , 365 So.2d 335 (Ala.Cr.App.), cert. denied, 365 So.2d 336 (1978); Driggers v. State , 344 So.2d 226 (Ala.Cr.App. 1977).”

quoted by 1 later decision, including 492 So. 2d 622 - German v. State

Relies on Lane v. McFadyen · 45 Ala. App. 250 - Hughes v. State · Dawson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-03

How this case has been cited

Cited by 23 later decisions — most recently March 2015

23 state decisions

9019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

¶2The appellant pled guilty to the offense of burglary in the second degree. The court accepted his plea and sentenced him to three years' imprisonment on February 15, 1978. On that same date a probation hearing was scheduled and eventually held on May 5, 1978. Probation was denied and on May 11, 1978, the appellant gave written notice of appeal "from his conviction and notice of appeal from his denial of probation".

¶3Notice of appeal must be filed in the trial court within forty-two days after the entry of the sentence appealed from. Rule 4 (b), Alabama Rules of Appellate Procedure. This is a jurisdictional requirement.

¶4A request for probation following sentencing does not extend the time for appeal from a judgment of conviction.

¶5A ruling on a motion to permit a defendant to withdraw his plea of guilty is not an appealable order. Dawson v. State,37 Ala. App. 16, 66 So.2d 567, cert. denied, 259 Ala. 205,66 So.2d 568 (1951). *336

¶6The original granting or denial of probation is entirely within the discretion of the trial judge and is not reviewable on appeal from a judgment of conviction. Driggers v. State,344 So.2d 226 (Ala.Cr.App. 1977); Hughes v. State, 45 Ala. App. 250, 228 So.2d 862 (1969).

¶7For the reasons expressed above this appeal is dismissed.

¶8DISMISSED.

¶9All Judges concur.

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