Opinion
No. 1971157.
August 28, 1998. Rehearing Denied October 16, 1998.
Petition for Writ of Certiorari to the Court of Criminal Appeals (Madison Circuit Court, CR-97-2314; Court of Criminal Appeals, CR-97-0915, Joseph L. Battle, Judge.
Mark McDaniel and John Butler, and Cliff Hill, for petitioner.
Bill Pryor, atty. gen.; Yvonne A.H. Saxon, asst. atty. gen.; and Robert J. Becher, asst. district atty., Madison County, for respondent.
The Court of Criminal Appeals granted in part the defendant's petition for the writ of mandamus. State v. Matthews, 724 So.2d 1140 (Ala.Cr.App. 1998) (on application for rehearing). Pursuant to Rule 21 (e)(3), Ala. R. App. P., this Court has treated the defendant's request for the writ of mandamus as a petition for a writ of certiorari under Rule 39, Ala. R. App. P., and has granted review. The judgment of the Court of Criminal Appeals is affirmed.
AFFIRMED.
HOOPER, C.J., and MADDOX, ALMON, SHORES, KENNEDY, COOK, SEE, and LYONS, JJ., concur.