Esters v. State

Court of Criminal Appeals of Alabama

Decided February 18, 1975

Court of Criminal Appeals of Alabama · decided 1975-02-18

Cited by 2 later decisions — most recently December 1988

2 state decisions

Key passage — most relied on by later courts

“Where there is no final judgment a purported appeal is due to be dismissed,”

quoted by 1 later decision, including 539 So. 2d 454 - Coleman v. State

Relies on De Arman v. Ingalls Iron Works Co. · 40 Ala. App. 551 - Sparks v. State · Carpenter v. Carpenter

Good law ✅— No negative treatment on recordhow we know

Decided 1975-02-18

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CATES, Presiding Judge.

¶1Appeal from revocation of probation. See Sparks v. State, 40 Ala.App. 551, 119 So.2d 596, which requires assignments of error. Supreme Court Rule 52 does not excuse the lack of assignments except in appeals from ordinance violations. Additionally, appellant’s counsel has filed a no-merit letter.

¶2No errors having been assigned, nothing is presented for review. See the numerous annotations appended to Supreme Court Rule 1 in Michie’s 1958 Code, T. 7.

¶3 Where there is no final judgment a purported appeal is due to be dismissed. McKinley v. Morris, 280 Ala. 408, 194 So.2d 565. Here there is a final judgment placing in execution the sentence originally pronounced. In such a case the judgment below is due to be affirmed. Dobson v. *384Deason, 258 Ala. 219, 61 So.2d 764; Nichols v. Hardegree, 202 Ala. 132, 79 So. 598.

¶4The judgment below is

¶5Affirmed.

All the Judges concur.