§ 10-16. Appeals.

(a)

Trials. All appeals from judgments of the court shall be to the circuit court of the circuit in which the violation occurred, for trial de novo.

(b)

By city. The city may appeal, within sixty (60) days without bond, from a judgment of the court, holding a city ordinance invalid.

(c)

By defendant. A defendant may appeal in any case within fourteen (14) days from the entry of judgment by filing notice of appeal to the circuit court having proper venue and jurisdiction thereof and giving bond, with or without surety, approved by the court or the clerk, of not more than five hundred dollars ($500.00) and costs, as fixed by the court, conditioned upon the defendant's appearance before the circuit court. The clerk shall file the appeal bond in the circuit court designated by the appellant. The court may waive appearance bond upon a satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonment shall not be released from custody but may obtain release at any time by filing a bond approved by the court. If the defendant is not released, the prosecutor shall notify the circuit clerk and the case shall be set for trial at the earliest practicable time.

(d)

Record. When an appeal has been taken, the city shall file the notice and other documents in the court to which the appeal is taken within fourteen (14) days, failing which the city shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated.

(e)

Penalty. Upon trial or plea of guilty in the circuit court on appeal, the court may impose any penalty or sentence which the court could have imposed.

(f)

Dismissal. 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 expiration of thirty (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 the Code of Ala. 1975, section 15-13-81. The circuit court may, on motion of the defendant made within thirty (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 the defendant.

(g)

Arrest warrant. Upon receipt of notice of dismissal of an appeal, the court may issue a warrant for arrest of the defendant, who may also be arrested without warrant as an escapee. Upon arrest, the defendant shall be delivered to the city authorities and punished in accordance with the judgment of the court.

(h)

Defendant remanded. If a judgment is entered against the defendant upon appeal, the circuit court shall remand the defendant to the city authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is for fine and costs only, the judgment is paid or a judgment is conferred thereof in favor of the city with sureties or as otherwise provided for convictions under state law.

(i)

Fines; costs. Upon receipt of payment of fines, forfeitures and costs upon appeals, the clerk of the circuit court, shall within thirty (30) days, pay ninety (90) percent of such fines and forfeitures, and ten (10) percent of the costs, to the city treasurer. The circuit clerk shall be liable on his bond for such fines and costs plus a penalty of five (5) percent per month for default in such payments.

(j)

Court of criminal appeals. From the judgment of the circuit court, the city, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the city, it shall not be required to give surety for the cost of the appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court, and failing to give bail he must be committed to the city jail; but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the city authorities within fifteen (15) days from the date of such affirmance or dismissal, and if he shall fail to do so, the clerk of circuit court from which the appeal is taken, upon motion of the city, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest, the defendant shall be delivered to the city authorities and the sentence must, without delay, be carried out as if no appeal had been taken. If bail is forfeited as provided in this section, a conditional judgment must be rendered by the court in favor of the city and the same proceedings had thereon for the city as are authorized by law to be had in the name of the state in state cases.

(Ord. No. 95-1392, 10-16-95)