Malone v. State

JOINER, Judge.

Jerome LeMont Malone pleaded guilty to second-degree assault, see § 13A-6-21, Ala.Code 1975, and was sentenced to 15 years’ imprisonment.1 Before pleading guilty, Malone moved to dismiss the indictment on the basis that he was entitled to immunity under § 13A-3-23(d), Ala.Code 1975. In support of that motion, Malone argued that he was entitled to an eviden-tiary hearing before the circuit court regarding his claim of self-defense and that, based on the evidence presented, the circuit court should decide that Malone was immune from prosecution. The circuit court denied the motion…