EX PARTE McCURLEY

80-539.

412 So.2d 1236 (1982)

Ex parte Lula Mae McCURLEY. Re STATE of Alabama v. Lula Mae McCURLEY.

Supreme Court of Alabama.

Rehearing Denied February 5, 1982.


Attorney(s) appearing for the Case

Richard D. Horne of Hess, Atchison & Horne, Mobile, for petitioner.

Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for respondent.


EMBRY, Justice.

We granted the writ of certiorari directed to the Court of Criminal Appeals to review a question of first impression: whether monies paid as fine and costs imposed after pleas of guilty to criminal charges made pursuant to a statute subsequently determined, retroactively, to be unconstitutional in its application to defendant, must be refunded?

Petitioner, Lula Mae McCurley, pleaded guilty in 1978 to charges of sale of pentazocine hydrochloride...

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