State of Alabama v. Tommy King

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REL: 11/02/2007 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2007-2008 _________________________ CR-06-0575 _________________________ State of Alabama v. Tommy King Appeal from Lawrence Circuit Court (CC-06-465) WISE, Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. McMillan, Shaw, and Welch, JJ., concur. dissents, with opinion. Baschab, P.J., CR-06-0575 BASCHAB, Presiding Judge, dissenting. I respectfully dissent for the reasons set forth in my dissent in State v. Clemons, [Ms. CR-05-1950, November 2, 2007] So. 2d (Ala. Crim. App. 2007). I also note that the trial court did not have the authority to both dismiss the indictment and then transfer the case to the lower court. 2

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