Miles v. State
Decision Date | 30 June 2000 |
Parties | Bobby Gene MILES v. STATE. |
Court | Alabama Court of Criminal Appeals |
Bobby Gene Miles, pro se.
Submitted on appellant's brief only.
The petitioner, Bobby Gene Miles, appeals the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P. Miles filed a Rule 32 petition in the circuit court of Colbert County on November 1, 1999. His petition was accompanied by a notice marked "Standing Notice of Appeal." The trial court denied the Rule 32 petition on November 18, 1999. Pursuant to Miles's formerly filed standing notice of appeal the circuit clerk processed the case and sent the notice of appeal to this Court. Is a premature notice of appeal —filed before a judgment has been entered on a postconviction petition—effective to confer appellate jurisdiction on this Court. For the following reasons we hold that it is not.
Miles in his "standing notice of appeal" stated:
This Court has never had occasion to speak to the specific issue presented in this case. However, the Alabama Court of Civil Appeals in McCoy v. Garren, 384 So.2d 1113, 1114-15 (Ala.Civ.App.1980) has stated the following concerning a premature notice of appeal:
Followed by Ex parte City of Irondale, 686 So.2d 1127 (Ala.1996). See also Jenkins v. Jenkins, 112 Md.App. 390, 685 A.2d 817 (1996) () .
Rule 4(a)(1), Ala.R.App.P., states: "Except as otherwise provided herein, in all cases in which an appeal is permitted by law as of right to the supreme court or to a court of appeals, the notice of appeal required by Rule 3 shall be filed with the clerk of the trial court within 42 days (6 weeks) of the date of the entry of the judgment or order appealed from...." The only provision in the rules that speaks to filing a premature notice of appeal is contained in Rule 4(b)(1). This rule states: "A notice of appeal filed after the announcement of a decision or order, but before pronouncement of the sentence, shall be treated as having been filed after the pronouncement of the sentence and on the day thereof."
Clearly, the wording of the Rule states that...
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...origin, and, unless so provided, no appeal will lie. Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144 (1948).'" Miles v. State, 822 So.2d 468, 469 (Ala.Crim.App.2000) (quoting McCoy v. Garren, 384 So.2d 1113, 1114 "`Once an appeal is taken, the trial court loses jurisdiction to act except in m......
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...circuit court on May 2, 2005, before the circuit court entered its order dismissing Count I of the indictment. In Miles v. State, 822 So.2d 468, 468-70 (Ala.Crim. App.2000), we addressed a similar situation in the Rule 32 context as "The petitioner, Bobby Gene Miles, appeals the denial of h......
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