Opinion

Butler v. State

  • 972 So. 2d 817
  • 2006 WL 1793729
Court
Court of Criminal Appeals of Alabama
Filed
Jun 30, 2006
Status
Published
Author
Baschab
On the bench
Baschab, Wise
Cited by
2 cases
Authority
More cited than 15.1%

The opinion

The majority concludes that the circuit court's September 2, 2005, order is valid because the circuit court's July 13, 2005, order was void. However, the appellant appealed only as to the circuit court's September 2, 2005, order denying his motion for reconsideration of his sentences. Therefore, this court should not look beyond the facial validity of the circuit court's July 13, 2005, order because that ruling has not been appealed to this court.

The circuit court's July 13, 2005, order was facially valid. Therefore, its September 2, 2005, order is void because it was entered more than thirty days after the July 13, 2005, order. See State v. Monette , 887 So.2d 314

(Ala.Crim.App. 2004). Accordingly, this court should dismiss this appeal. 4

4 If the circuit court questioned the validity of its July 13, 2005, order, it could have set aside that ruling within thirty days and retained jurisdiction over the case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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