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EX PARTE GRANTLAND

1961627.

709 So.2d 1317 (1998)

Ex parte Kenneth GRANTLAND and Jenny Johnson (formerly Jenny Grantland). (Re Ex parte State of Alabama (Re STATE v. Kenneth GRANTLAND and Jenny Grantland)).

Supreme Court of Alabama.

January 23, 1998.

Attorney(s) appearing for the Case

J. Timothy Kyle of Russell, Straub & Kyle, Decatur, for petitioners.

Bill Pryor, atty. gen.; Rosa H. Davis and Joseph G.L. Marston III, asst. attys. gen.; and Bob Burrell, district atty., for respondent.

Prior report: Ala.Cr.App., 709 So.2d 1310.

PER CURIAM.

We quash the writ as having been improvidently granted. In doing so, we do not wish to be understood as suggesting that the State should be permitted to use the writ of mandamus as a substitute for an appeal in a case where an appeal is not permitted. Ex parte Cannon, 369 So.2d 32, 33 (Ala.1978).

WRIT QUASHED AS IMPROVIDENTLY...

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