State v. McClendon

4 So.3d 1202 (2008)

STATE of Alabama

v.

James McCLENDON.

CR-07-0804.

Court of Criminal Appeals of Alabama.

August 29, 2008.

Troy King, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellant.

Michael W. Rountree, Montgomery, for appellee.

WELCH, Judge.

The State of Alabama appeals from the trial court's dismissal of a second indictment against James McClendon.[1] The record indicates that the basis for the dismissal appears to be that the court had dismissed the indictment previously, the State did not appeal from that dismissal, and the trial court ascertained that the current…