Ex Parte State Ex Rel. Johnson

BOWEN, Presiding Judge.

This petition for a writ of mandamus, filed by District Attorney Roy L. Johnson, seeks to compel Circuit Judge J.C. Norton to reinstate six misdemeanor charges against Gene Kelvin Ford that Judge Norton dismissed on October 4, 1993.

The petition is properly before this court because “[t]here is no provision for a pretrial appeal by the State in a misdemeanor case,” City of Attalla v. Smith, 596 So.2d 651, 651 (Ala.Cr.App.1992); therefore, “[m]andamus is the only remedy available to challenge the circuit court’s dismissal of misdemeanor charges pending against a criminal…