Ex Parte Kelley

After being indicted by the Houston County grand jury for unlawful possession of methylenedioxymethamphetamine, commonly known as "Ecstasy," a violation of Ala. Code 1975, § 13A-12-212, Denise Marcil Kelley entered a plea of not guilty. She filed a motion to suppress the evidence that was the basis of her indictment on the ground that it was the product of an unlawful search and seizure. At the beginning of the hearing on that motion, conducted on August 22, 2001, Kelley agreed to plead guilty if the motion was denied, but reserved the right to appeal the denial. After the trial court denied…