State v. Luttrell

LONG, Presiding Judge..The State of Alabama filed this petition for a writ of mandamus seeking to have Judge Herbie Brewer,1 special circuit judge for the Tenth Judicial Circuit, vacate his order dismissing the charge against R.G. Luttrell. Luttrell pleaded guilty in district court to criminal mischief in the second degree and was sentenced to 30 days’ imprisonment, to be followed by 24 months’ probation. Lutt-rell filed a written notice of appeal in the circuit court, seeking a trial de novo. When the record was not transmitted to the circuit court within 14 days, Luttrell filed a motion to…