Hicks v. State

I concur in the result reached in the Court’s unpublished memorandum for the same reasons I stated in my special writ*53ing in Ankrom v. State, 152 So.3d 373 (Ala.Crim.App.2011) (Welch, P.J., concurring in the result and dissenting in part).

I believe that the indictment here, like the indictment in Ankrom, properly-charged an offense within the circuit court’s jurisdiction and that the circuit court correctly denied Sarah Janie Hicks’s pretrial motion to dismiss the indictment, because to rule otherwise would have been an impermissible pretrial determination as to the sufficiency of the…