Schoenberger v. City of Decatur

COBB, Judge.

Paul F. Schoenberger appeals the Circuit Court of Morgan County’s refusal to review de novo the municipal court’s denial of his Rule 32, Ala.R.Crim.P., petition. The issue on appeal is whether a Rule 32 petition filed in a municipal court can be appealed to circuit court for de novo review. We hold that it can.

On January 9, 1997, Schoenberger was convicted of harassment in the municipal court, pursuant to a guilty plea. He did not seek de novo review of the municipal court’s judgment in the circuit court as permitted by Rule 30.1(a), Ala.R.Crim.P. On March 7, 1997, pursuant to…