Edgar v. State

I dissent. Rather than reverse and remand for a new trial, this Court should "remand this cause for a new hearing [on the motion for new trial] in circuit court. The circuit court will thereby have jurisdiction under this opinion to take the appropriate action [on the motion for new trial]." State v.Touart, 562 So.2d 1388, 1390 (Ala.Cr.App. 1990).