Ex Parte Collier

The defendant, Russell L. Collier, was indicted and convicted in the Circuit Court of Baldwin County for the unlawful possession of marihuana in violation of Alabama Code 1975, § 20-2-70. The conviction and the sentence of fifteen years' imprisonment was unanimously affirmed by the Court of Criminal Appeals, 413 So.2d 396. Defendant petitioned for writ of certiorari on the primary basis that the appellate court's decision of June 30, 1981, was in direct conflict with this Court's July 17, 1981, decision inNicaud v. State, ex rel. Hendrix, 401 So.2d 43 (Ala. 1981). In that decision, this Court…