Ex Parte Stephens

We granted the writ of certiorari to the Court of Criminal Appeals on the issue of whether that court's decision,512 So.2d 782 (Ala.Crim.App. 1986), was in conflict with prior decisions of this Court in holding that the trial court did not err in refusing the petitioner's written requested charge as to a lesser included offense.

The petitioner, James W. Stephens, was convicted under six separate indictments for the sale of codeine and dextropropoxyphene in violation of Code 1975, § 20-2-70. This conviction was the culmination of a Montgomery Police Department investigation of Stephens for…