State v. Anderson

I respectfully dissent from the majority’s decision to reverse the trial court’s dismissal of the second-degree theft-of-property charge against Anderson. This case is before us based on the State’s appeal of the trial court’s order, pursuant to Rule 15.7, Ala.R.Crim.P. In my opinion, however, the facts of this case do not meet the criteria for an appeal under Rule 15.7.

It is well settled that

“ ‘the State has a limited right to appeal; that right is governed by § 12-12-70, Ala.Code 1975 [authorizing the State to appeal from a judgment holding a statute invalid], § 12-22-91, Ala.Code 1975…