Supreme Court of Alabama, 2001

Knox v. State

Supreme Court of Alabama · Decided April 6, 2001 · Brown, Harwood, Houston, Johnstone, Lyons, Moore, See, Stuart, Woodall

796 So. 2d 321; 2001 Ala. LEXIS 95; 2001 WL 336249 (Southern Reporter, Second Series)

Opinion of the Court

On Application for Rehearing

PER CURIAM.

The application for rehearing is granted. The opinion released on January 12, 2001, is withdrawn. The writ of certiorari is quashed as improvidently granted.

APPLICATION GRANTED; OPINION OF JANUARY 12, 2001, WITHDRAWN; WRIT OF CERTIORARI QUASHED.

*322MOORE, C.J., and HOUSTON, SEE, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur. JOHNSTONE, J., dissents.

Dissenting Opinion

JOHNSTONE, Justice

(dissenting).

I respectfully dissent from the order granting the rehearing and quashing the writ as improvidently granted. Even if we assume that this defendant did not belong in drug court, we cannot correctly conclude that the judge, having admitted the defendant to drug court in return for the guilty plea, was not bound by the requirements of due process in revoking the sentencing deferment entailed by the drug court status.

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