GREEN v. STATE (2022)

Court of Criminal Appeals of Alabama.

Cecil Bernard GREEN v. STATE of Alabama

CR-20-0985

Decided: February 11, 2022

AFFIRMED BY MEMORANDUM.

I concur with the conclusion reached by this Court that Cecil Bernard Green waived his right to challenge the Elmore Circuit Court's adverse ruling on his motion for immunity based on self-defense because Green did not challenge this 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 an immunity defense. See Smith v. State, 279 So. 3d 1199 (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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