Jones v. State

HUBERT TAYLOR, Judge.

Appellant, Benny Ray Jones, was convicted of robbery in the first degree and sentenced to life imprisonment without parole. The issue on appeal is whether a denial of a pretrial plea of former jeopardy is immediately appealable.

Jones contends that the denial of his plea is a final judgment within the meaning of § 12-22-2, Code of Alabama 1975, and immediately appealable based on the authority of Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). The right of appeal in a criminal case is wholly statutory and the statutes granting it are strictly…