Ex Parte State

The State petitions for a writ of mandamus directing the Court of Civil Appeals to rescind an order it entered in Exparte Baker, (No. 2960613, May 13, 1997) ___ So.2d ___ (Ala.Civ.App. 1997) (table). We grant the petition.

I

Robert J. Baker, Jr., was convicted in the Circuit Court of Marshall County of robbery in the first degree. His conviction resulted from his participation in the robbery of a branch of First Alabama Bank in which a total of $8,480 was taken. On the day Baker was arrested, $1,955 in currency was seized as evidence from the home of Baker's father, pursuant to a validly…