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EX PARTE STATE EX REL. JOHNSON

CR 93-153.

636 So.2d 1266 (1994)

Ex parte STATE of Alabama ex rel. Roy L. JOHNSON, District Attorney. (In re STATE of Alabama v. Gene Kelvin FORD).

Court of Criminal Appeals of Alabama.

January 18, 1994.

Attorney(s) appearing for the Case

Roy L. Johnson, Dist. Atty., Selma, and Patrick Mahaney, Montgomery, for petitioner.

Robert Turner and J.L. Chestnut, Selma, for respondent.

BOWEN, Presiding Judge.

This petition for a writ of mandamus, filed by District Attorney Roy L. Johnson, seeks to compel Circuit Judge J.C. Norton to reinstate six misdemeanor charges against Gene Kelvin Ford that Judge Norton dismissed on October 4, 1993.

The petition is properly before this court because "[t]here is no provision for a pretrial appeal by the State in a misdemeanor case," City of Attalla v. Smith, 596 So.2d 651

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