Ex parte State of Alabama.

I respectfully dissent! I believe the Court of Criminal Appeals properly held that in the absence of the original charging instrument, as required by Rule 2.2(d), Ala. R.Crim. P., and by Art. I, § 6, Ala. Const.1901, the circuit court could not exercise its jurisdiction over Charles Marquis Simmons’s appeal from the district court to the circuit court for a trial de novo.

I. Discussion

The controlling issue is whether the circuit court could exercise jurisdiction over *253Simmons’s appeal for a trial de novo in the absence, of the original charging instrument, as required by Rule 2.2(d), Ala.…