Public-domain · open source
OpenJurist

988 So. 2d 1064

State v. Woodall

Supreme Court of Alabama

Decided January 5, 2007

Supreme Court of Alabama · decided 2007-01-05

Cited by 1 later decisions — most recently March 2007

1 state decisions

Relies on State v. Woodall · 959 So. 2d 123 - Ex Parte State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-01-05

View the full empirical analysis of this case →

BOLIN, Justice.

¶1We granted the State’s petition for cer-tiorari review of the Court of Criminal Appeals’ decision dismissing the State’s pretrial appeal from an order of the trial court granting Jackie Sue Woodall’s motion to dismiss count I of the indictment against her. State v. Woodall, 988 So.2d 1060 (Ala.Crim.App.2005). The issue presented in this case is the same issue addressed in State v. Wilson, 959 So.2d 123 (Ala.2006), a case involving a codefendant of Woodall’s and the same facts as those here: Whether the State’s appeal was timely filed as required by Rule 15.7(b), Ala. R.Crim. P., thereby invoking the original appellate jurisdiction of the Court of Criminal Appeals. In State v. Wilson we held that the notice of appeal, filed three days before the trial court entered its order dismissing count I of Wilson’s indictment, was timely. Because the facts presented here are the same as those in State v. Wilson, the rationale in that case controls our decision. Accordingly, the judgment is reversed and the cause is remanded on the authority of State v. Wilson.

¶2REVERSED AND REMANDED.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, STUART, SMITH, and PARKER, JJ., concur.
/988/so2d/1064 · .json · Public domain