Ex Parte State

SMITH, Justice.

The State of Alabama petitions for a writ of mandamus directing the trial court to reinstate the guilty plea of the defendant, Billy Don Evans, Jr. We dismiss the petition as untimely filed.

Evans, whom the materials before us identify as a school teacher, was indicted on two counts of child abuse for allegedly hitting two children with an extension cord and a water hose. 1 At arraignment, Evans pleaded not guilty, and his case was scheduled for a trial to be held on April 17, 2006.

The trial court subsequently set a review date to determine whether Evans was eligible to…