555 So. 2d 345 | Ala. Crim. App. | 1989
The appellant, Henry Lee Miles, was convicted, in the municipal court of the City of *346
Tuscaloosa, of assault in the third degree, in violation of §
A pre-trial conference in the circuit court was held on February 23, 1989, at which time the case was announced ready for trial. After one continuance, the case was included on the trial docket for May 1, 1989, some two to three weeks in advance of the trial date. The published dockety was made available to all parties, and a subpoena concerning the scheduled trial was mailed to the appellant's address.
At the docket call, neither the appellant nor his attorney was present. Pursuant to statutory authority, the circuit court dismissed the appeal and returned the case to the municipal court. On May 23, 1989, the appellant's counsel filed a "motion for a new trial" with the circuit court, which was denied following a hearing. This appeal ensued.
The appellant raises two issues on appeal.
Section
"(f) Upon failure of an appellant to appear in the circuit court when the case is called for trial, unless good cause for such default is shown, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of such court may enter judgment of default on the appeal bond by utilizing the procedures set forth in section
15-13-81 . The circuit court may, on motion of the defendant made within 30 days of the order of dismissal, set aside the dismissal and other orders and reinstate the appeal on such terms as the court may prescribe, for good cause shown by defendant." (Emphasis added.)
The appellant does not dispute the fact that neither he nor his attorney appeared in circuit court when his case was called for trial. After carefully reviewing the record, we find no abuse of discretion by the trial court when it exercised its statutory authority in dismissing the appeal and remanding the cause to the municipal court. Wilson v. City of Prattville,
REMANDED WITH DIRECTIONS.
All Judges concur.