Ex Parte City of Fort Payne

This petition for writ of mandamus, filed by the City of Fort Payne, Alabama, seeks an order requiring DeKalb County Circuit Judge David A. Rains to set aside his dismissal of the charges against Weston Hammon for assault.

The significant facts, set forth below in chronological order, are undisputed:

September 28, 1992: Weston Hammon was charged with assault in the third degree in Fort Payne municipal court.

November 2, 1992: Hammon was convicted and sentenced in municipal court. Hammon filed a written notice of appeal and requested a jury trial.

November 13, 1992: The appeal bond was executed by…