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EX PARTE STATE

1070703.

3 So.3d 196 (2008)

Ex parte State of Alabama. (In re Billy Don EVANS, Jr. v. STATE of Alabama).

Supreme Court of Alabama.

July 11, 2008.

Attorney(s) appearing for the Case

Eleanor I. Brooks, district atty., and Trisha L. Mellberg, deputy district atty., for petitioner.

Aimee C. Smith of Vickers, Smith & White, PLLC, Montgomery, for respondent.

SMITH, Justice.

The State of Alabama petitions for a writ of mandamus directing the trial court to reinstate the guilty plea of the defendant, Billy Don Evans, Jr. We dismiss the petition as untimely filed.

Facts and Procedural History

Evans, whom the materials before us identify as a school teacher, was indicted on two counts of child abuse for allegedly hitting two children with an extension cord and a water hose.1

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