Keeton v. State, 8 Div. 198
| Citation | 175 So.2d 774,278 Ala. 81 |
| Decision Date | 27 May 1965 |
| Docket Number | 8 Div. 198 |
| Parties | Marvin D. KEETON v. STATE of Alabama. |
| Court | Supreme Court of Alabama |
Marvin D. Keeton, pro se.
Richmond M. Flowers, Atty. Gen., for the State.
Appellant is in the State Penitentiary under a sentence of 25 years for robbery which was imposed by the Circuit Court of Colbert County on November 5, 1963. No notice of appeal was given at that time, but appellant did, on January 14, 1964 and on March 12, 1964, file a petition in writing with the Circuit Court of Colbert County giving notice of appeal, moving for appointment of counsel on appeal, and applying for a transcript of the evidence, under Act No. 525, Acts of Alabama 1963, (see Tit. 15, § 380(14)-380(25), Recompiled Code of 1958); and seeking to file his appeal as a pauper.
We have verified the fact that the trial court denied all the requests on May 28, 1964, holding that 'the defendant has not availed himself of the remedy within the time allowed by law.' It is from this ruling that this appeal has been taken.
The trial court was correct in holding that the requests for transcript and counsel were not within the time prescribed by Act 525.
But any person convicted of a criminal offense may appeal, Tit. 15, § 367. Code 1940, and the appeal must be taken within six months, Tit. 15, § 368. An appeal is taken within the meaning of the statute when the record shows the defendant has expressed a desire to appeal. Relf v. State, 267 Ala. 3, 99 So.2d 216. Appellant expressed his desire to appeal in writing within six months after sentence and thereby perfected his appeal. The trial court erred in holding that the appeal was not taken within the time allowed by law.
That brings us to the question of the availability of counsel, and the providing of a transcript as provided for in Act 525.
We think the Act was written and passed with the understanding that even though the statute, Tit. 15, § 368, gives six months in which to appeal, that notice of appeal in most criminal cases is given and entered when sentence is passed. We think the time limitation for the petitioning for a transcript of the evidence only begins to run after the appeal is taken, provided it was taken within six months. This is borne out in the statement in Section 1 of the Act (Tit. 15, § 380(14)) that: 'It is the purpose of Sections 380(14)-380(25) of this title to provide such defendants or petitioners with a transcript of the evidence or a part thereof...
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Mayola v. State
...which has never been appealed, on a post-appeal review. Holden v. State, 47 Ala.App. 164, 251 So.2d 782 (1971); Keeton v. State, 278 Ala. 81, 175 So.2d 774 (1965); Allison v. State, 273 Ala. 223, 137 So.2d 761, cert. denied, 369 U.S. 856, 82 S.Ct. 946, 8 L.Ed.2d 15 (1962); Butler v. State, ......
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Leonard v. State, 6 Div. 169
...State, 41 Ala.App. 533, 143 So.2d 191. We consider that the Attorney General's motion to strike is not well taken. Under Keeton v. State, 278 Ala. 81, 175 So.2d 774, Act 525, supra, modifies the statutes making up Michie's 1958 Code, T. 7, §§ 827(1)--827(6), so that time cannot begin to run......
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Bell v. State of Alabama, 23104.
...adversely to * * * him file * * * a similar petition * * * stating the desire of the petitioner to appeal * * *." In Keeton v. State, 278 Ala. 81, 175 So.2d 774 (1965), the court held that this ten day period would begin to run only after an appeal had been taken, and that an indigent could......
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State v. Mason
...311 P.2d 483, 488 (Sup.Ct.1957) (placing in prison outgoing mail of letter of appeal which was never delivered); Keeton v. State, 278 Ala. 81, 175 So.2d 774 (Ala.Sup.Ct.1965); Perez v. State, 143 So.2d 663 (Fla.App.1962); Relf v. State, 267 Ala. 3, 99 So.2d 216 The Supreme Court of this Sta......