Opinion
1950733.
May 24, 1996.
Petition for writ of certiorari to the Court of Criminal Appeals (Tuscaloosa Circuit Court, CC-94-992; CC-94-993; and CC-94-994; Court of Criminal Appeals, CR-94-1089); Thomas S. Wilson, Judge.
Gary L. Blume of Blume Blume, Tuscaloosa, for petitioner.
Jeff Sessions, Atty. Gen., for respondent.
WRIT DENIED.
HOOPER, C.J., and MADDOX, SHORES, KENNEDY, COOK, and BUTTS, JJ., concur.
ALMON and HOUSTON, JJ., dissent.
In my opinion, the form styled "Plea of Not Guilty and Waiver of Arraignment" used in Tuscaloosa County allowed the defendant to file a plea of former jeopardy at a later date, before the trial, in compliance with Rule 15.3(a)(1), Ala.R.Crim.P. Any other interpretation of that form would mislead a defendant to his prejudice. Therefore, I would hold that the plea was timely filed, and I would address the issue of double jeopardy head-on. To do this, it would be best to grant the petition so that we could hear from all sides on this important constitutional issue. I would issue the writ of certiorari; therefore, I dissent.