Wooten v. State

This case is before this Court on the State’s motion to dismiss this appeal. The *344appellant, James F. Wooten, appeals from the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim.P. Wooten did not file written notice of appeal, but on the day of the evi-dentiary hearing on the petition he gave oral notice that he intended to appeal.

The State argues that Wooten’s appeal should be dismissed because, it says, the oral notice of appeal — given the day of the evidentiary hearing — was not a proper means of filing a notice of appeal in that it failed to comply…