Ex Parte Thomas

Tony Thomas was convicted of disorderly conduct and possession of cocaine and was sentenced to 4 years and 60 days' imprisonment. The sentence was split and Thomas was ordered to serve 90 days in prison and the remainder of the time on probation. The Court of Criminal Appeals affirmed the conviction. Thomas v. State, 666 So.2d 849 (Ala.Cr.App. 1993). On this certiorari review, Thomas claims the trial court erred in reading the "menacing" statute to the jury; that the trial judge improperly injected himself into the trial by commenting on the evidence; that the evidence was insufficient to…