context: Here, the appeal was from the denial of a petition for writ of error coram nobis and there was no motion for new trial. "In the absence of express statutory provisions, when an appeal is taken and perfected from the judgment of any court to a higher court, the jurisdiction vests at once in the higher court and such appeal divests the court from which it is taken of all jurisdiction."
citation_a.signal: see also
citation_a.parenthetical: After a defendant has appealed, the circuit court is "without jurisdiction to grant and fix bail under SS 12-22-170, since, if the defendant has any rights under that section, he must proceed in the appellate court and not the circuit court."
citation_a.sentence: See also State v. Williams, 19 Ala.App. 597, 99 So. 660 (1923) (After a defendant has appealed, the circuit court is “without jurisdiction to grant and fix bail under § 12-22-170, since, if the defendant has any rights under that section, he must proceed in the appellate court and not the circuit court.”); De Bardeleben v. State, 16 Ala.App. 367, 369, 77 So. 979 (1918) (same); Ex parte Alabama State Bar, 285 Ala. 191, 194, 230 So.2d 519 (1970) (“While the appeal suspends the execution of the sentence of the criminal court pending appeal, ... the matter of the conviction remains and continues to exist.”) Brown v. State, 250 Ala. 444, 447, 35 So.2d 518 (1948) (“We think the petition to the circuit court for the writ [of error coram nobis] was properly dismissed because that court had no jurisdiction to hear it while the appeal [of the conviction] was pending and undisposed of, ...
citation_b.signal: see
citation_b.identifier: 465 So.2d 483, 484
citation_b.parenthetical: "[T]he second sentencing of appellant by the trial court during the time this court had exclusive jurisdiction of the case [after the sentence had been reversed and while the appeal was pending on rehearing], and before the final decision of this court was a nullity.... was invalid and void."
citation_b.sentence: See Pratte v. State, 465 So.2d 483, 484 (Ala.Cr.App.1985) (“[T]he second sentencing of appellant by the trial court during the time this court had exclusive jurisdiction of the case [after the sentence had been reversed and while the appeal was pending on rehearing], and before the final decision of this court was a nullity.... was invalid and void.”).