EX PARTE STATE

CR-05-1201.

950 So.2d 1219 (2006)

Ex parte State of Alabama. (In re STATE of Alabama v. Franklin E. HERRING).

Court of Criminal Appeals of Alabama.

August 18, 2006.


Attorney(s) appearing for the Case

William H. Filmore, chief asst. district atty., Ozark, for petitioner.

Jeffery D. Hatcher, Geneva, for respondent.


PER CURIAM.

PETITION DENIED.

McMILLAN, P.J., and COBB, J., concur.

SHAW, J., concurs specially, with opinion, which BASCHAB, J., joins.

WISE, J., dissents, with opinion.

SHAW, Judge, concurring specially.

I agree with the majority's conclusion that the trial court had jurisdiction to rule on Franklin E. Herring's request for an appeal bond and, therefore, that the writ of prohibition should not issue. I write specially only...

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