The appellant, Jason Christopher Campbell, appeals from the Baldwin Circuit Court’s denial of his motion to reinstate his appeal of his municipal court conviction for DUI.
Rule 30.5(b), Ala. R.Crim. P., explains the procedure for dismissing a de novo appeal to the circuit court
“Where appellant, without sufficient excuse, does not appear for trial de novo*841 when called for trial, the court may dismiss the appeal, order the bond forfeited, and remand the case to the court appealed from for enforcement of the lower court’s judgment; provided, however, that on motion of the appellant for good cause shown, the circuit court may, within thirty (30) days of the date of the order of dismissal, set the order of dismissal aside and reinstate the appeal on such terms as the circuit court may prescribe .... The entry of a judgment of default on the appeal bond shall comply with the procedures set forth in § 15-13-81, and a forfeiture may be entered by the circuit court or the court from which the appeal is taken.”
The circuit court’s dismissal of Campbell’s appeal when he faded to appear at arraignment was premature. Pursuant to this Court’s holding in Riddle v. State,
REVERSED AND REMANDED.
Notes
. Campbell also appealed to the trial court his municipal court conviction for reckless driving. However, after the trial court’s dismissal of his appeal, Campbell did not move to reinstate the reckless driving appeal. Although he argues in his appellate brief that both appeals should be reinstated, only the issue of his DUI appeal is properly before this Court.
. We are quoting Rule 30.5(b), Ala. R.Crim. P., as it read before an amendment to that rule, effective August 1, 2002.
