State v. McClendon

I concur in the result reached by the majority. I note that because James McClendon was never in jeopardy for purposes of a double-jeopardy analysis, see, e.g., Ex parte Tribble, 783 So.2d 69 (Ala.2000) (jeopardy attaches in a jury trial only after the jury is empaneled and sworn), neither Ex parte Allred, 393 So.2d 1030 (Ala.1980), nor Ex parte Airhart, 477 So.2d 979 (Ala.1985), is applicable here. See, e.g., State v. Randall, 669 So.2d 223 (Ala.Crim.App.1995) (noting that jeopardy did not attach when the indictment was dismissed pretrial and that reprosecution on a dismissed indictment does…