DAVIDSON v. STATE (2021)

Court of Criminal Appeals of Alabama.

Justin Tyler DAVIDSON v. STATE of Alabama

CR-19-0815

Decided: May 28, 2021

Kyle D. Pierce, Gadsden, for appellant. Steve Marshall, att'y gen., and Chris Howell, asst. att'y gen., for appellee.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

I concur with the conclusion reached by this Court that Justin Tyler Davidson waived his right to challenge the Russell Circuit Court's adverse ruling on his motion for immunity based on Alabama's stand-your-ground law, § 13A-3-23, Ala. Code 1975, because Davidson did not challenge that ruling before he pleaded guilty 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 a defense of immunity. See my special writing in Smith v. State, 279 So. 3d 1199, 1206 (Ala. Crim. App. 2018) (Kellum, J., concurring specially).

PER CURIAM.

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

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