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686 So. 2d 494

McLemore v. State

Court of Criminal Appeals of Alabama

Decided September 27, 1996

Court of Criminal Appeals of Alabama · decided 1996-09-27

Cited by 1 later decisions — most recently November 2002

1 state decisions

Relies on 641 So. 2d 1316 - Riddle v. State · McLemore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-09-27

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¶1 On Return to Remand

MeMILLAN, Judge.

¶2The appellant, Thomas Michael McLe-more, appeals from the trial court’s dismissal of his appeal from his conviction in district court of issuing a worthless negotiable instrument, a violation of § 13A-9-13.1, Code of Alabama 1975. We remanded this cause to the trial court so that it could clarify the circumstances surrounding the dismissal of the appellant’s appeal. 686 So.2d 492 (Ala. Cr.App.1996). The trial court, having complied with this Court’s instructions, issued the following findings of fact on remand:

“[T]his case was set for arraignment on May 26, 1995, and the defendant, Thomas Michael McLemore, failed to appear. Consequently, this Court entered a conditional forfeiture on the defendant’s appeal and issued an alias warrant. On July 19, 1995, upon the motion of the District Attorney, based in part on the defendant’s failure to appear at arraignment on May 26, 1995, this Court granted the motion to dismiss the defendant’s appeal.”

¶3The trial court’s dismissal of the appellant’s appeal because he failed to appear at arraignment was premature; the trial court’s dismissal of the appeal was unauthorized by either statute or rule and is, therefore, due to be reversed. See Riddle v. State, 641 So.2d 1316,1317-18 (Ala.Cr.App.1994).

¶4The judgment of the trial court dismissing the appellant’s appeal is reversed and this cause is remanded with instructions that the *495trial court set aside its dismissal and reinstate the appeal.

¶5REVERSED AND REMANDED.

All judges concur.
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