Ex Parte Howell

Douglas John Howell appeals the affirmance by the Court of Criminal Appeals of the trial court's denial of youthful-offender status in his trial for first-degree rape on the basis that he did not adequately preserve the issue for appeal. We affirm.

Howell was arrested on April 24, 2003, and charged with first-degree rape. On the day of his arrest, Howell applied for youthful-offender status in the Geneva District Court, under § 15-19-1, Ala. Code 1975.1 The district court did not rule on the application. On August 7, 2003, Howell was indicted in the circuit court for the rape of G.B., a…