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EX PARTE ROBERTS

1931466.

662 So.2d 229 (1995)

Ex parte Walter Eugene ROBERTS. (Re STATE of Alabama v. Walter Eugene ROBERTS).

Supreme Court of Alabama.

Rehearing Denied May 19, 1995.

Attorney(s) appearing for the Case

Mark B. Craig of Brown, Willman & Craig, P.C., Decatur, for petitioner.

Jeff Sessions, Atty. Gen., and Gail Ingram Hampton, Asst. Atty. Gen., for respondent.

KENNEDY, Justice.

Walter Eugene Roberts seeks a writ of mandamus directing the Morgan County Circuit Court not to retry the criminal case against him, but to accept his plea of double jeopardy.

Roberts was convicted of trafficking in cannabis, based on his possession of more than 2.2 pounds, in violation of § 13A-12-231, Ala.Code 1975. The State's expert toxicologist testified at Roberts's trial that the marijuana weighed 9.8 pounds. However, on cross...

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