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McLemore v. State
Citations: 686 So. 2d 494; 1996 Ala. Crim. App. LEXIS 233; 1996 WL 549785Docket: CR-94-2242
Court: Court of Criminal Appeals of Alabama; September 27, 1996; Alabama; State Appellate Court
Thomas Michael McLemore appeals the trial court's dismissal of his appeal regarding his conviction for issuing a worthless negotiable instrument, violating Code of Alabama 1975, § 13A-9-13.1. The appellate court had previously remanded the case for clarification of the dismissal circumstances. The trial court found that McLemore failed to appear for his arraignment on May 26, 1995, leading to a conditional forfeiture of his appeal and the issuance of an alias warrant. Subsequently, on July 19, 1995, the District Attorney's motion, citing McLemore's absence, resulted in the dismissal of his appeal. The appellate court determined that the trial court's dismissal was premature and not authorized by any statute or rule, thereby warranting a reversal. The court ordered the trial court to set aside its dismissal and reinstate McLemore's appeal. The decision was unanimous among the judges.