Ex Parte Roberts

Walter Eugene Roberts seeks a writ of mandamus directing the Morgan County Circuit Court not to retry the criminal case against him, but to accept his plea of double jeopardy.

Roberts was convicted of trafficking in cannabis, based on his possession of more than 2.2 pounds, in violation of §13A-12-231, Ala. Code 1975. The State's expert toxicologist testified at Roberts's trial that the marijuana weighed 9.8 pounds. However, on cross-examination, the expert testified that she did not determine whether the marijuana weighed consisted of seeds and stalks. The jury was not charged on any lesser…