Childers v. State

This Court granted the petition of the State for certiorari review of the decision of the Court of Criminal Appeals inChilders v. State, 899 So.2d 1023 (Ala.Crim.App. 2003), to determine whether that decision, which reversed Childers's conviction of second-degree robbery, conflicts with our decision in Ex parte Cole, 842 So.2d 605 (Ala. 2002). Because we conclude that the decision of the Court of Criminal Appeals inChilders does not conflict with Cole, we quash the writ of certiorari as improvidently granted.

Facts

In 1985, Childers was indicted for first-degree robbery under §13A-8-41(a)(1),…