EX PARTE HAYDEN

4 Div. 168.

531 So.2d 940 (1988)

Ex parte: Harold E. HAYDEN. (In re State of Alabama v. Harold E. Hayden).

Court of Criminal Appeals of Alabama.

August 23, 1988.


Attorney(s) appearing for the Case

W. Terry Bullard, Dothan, for petitioner.

Don Siegelman, Atty. Gen. and Charles W. Hart III, Asst. Atty. Gen., and Henry D. Binford, Asst. Dist. Atty., Dothan, for respondent.


BOWEN, Presiding Judge.

This is a petition for writ of mandamus wherein the petitioner seeks to compel the circuit judge to order his release from jail. The facts are:

January 7, 1988 Petitioner pleaded guilty to Theft III and was sentenced to 12 months' imprisonment.

January 28 Probation was denied.

May 6 On petitioner's oral motion, the trial judge, without prior notice to the district attorney, modified and reduced the sentence to 99 days...

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