HARRIS v. STATE (2019)

Court of Criminal Appeals of Alabama.

Derrick Markeith HARRIS v. STATE of Alabama

CR-18-0126

Decided: August 16, 2019

Appeal from Coffee Circuit Court (CC-17-45); Thomas E. Head III, Judge. James H. Tarbox of Marsh & Cotter, LLP, Enterprise, for appellant. Steve Marshall, atty. gen., and Marc A. Starrett, asst. atty. gen., for appellee.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

I concur with the conclusion reached by this Court in its unpublished memorandum that Derrick Markeith Harris waived his right to challenge the Coffee Circuit Court's adverse ruling on his motion for immunity because Harris did not raise this claim before trial and conviction by filing a petition for a writ of mandamus with this Court. I write specially to invite the legislature to consider amending § 13A-3-23(d), Ala. Code 1975, to include a right to appeal a circuit court's pretrial ruling on an immunity defense. See Smith v. State, 279 So.3d 1199 (Ala. Crim. App. 2018)(Kellum, J., concurring specially).

WINDOM, Presiding Judge.

McCool, Cole, and Minor, JJ., concur. Kellum, J., concurs specially, with opinion.

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