State v. Woodall

Supreme Court of Alabama

State v. Woodall

988 So. 2d 1064, 2007 Ala. LEXIS 2, 2007 WL 30220

CourtSupreme Court of Alabama

DecidedJanuary 5, 2007

Docket1050389

StatusPublished

Cited by1 cases

This text of 988 So. 2d 1064 (State v. Woodall) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Woodall, 988 So. 2d 1064, 2007 Ala. LEXIS 2, 2007 WL 30220 (Ala. 2007).

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Opinion

BOLIN, Justice.

We 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.

REVERSED AND REMANDED.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, STUART, SMITH, and PARKER, JJ., concur.

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BOLIN, Justice.

We 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.

REVERSED AND REMANDED.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, STUART, SMITH, and PARKER, JJ., concur.

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Bluebook (online)

988 So. 2d 1064, 2007 Ala. LEXIS 2, 2007 WL 30220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woodall-ala-2007.

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