Ex Parte Gunn

I recognize the principle of stare decisis, and in light of this Court's decision in Ex parte Butler,972 So.2d 821 (Ala. 2007), that a circuit court has jurisdiction to entertain a Kirby7 motion for sentence reconsideration under § 13A-5-9.1, Ala. Code 1975, filed by an inmate who has been convicted of an offense that is statutorily defined as a violent offense, I concur specially in the majority's decision to consider the merits of this petition. I fully concur with this Court's decision to overrule the holding in Wells v. State, 941 So.2d 1008, 1009 (Ala.Crim.App. 2005), that "the circuit…