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Ex parte Kenneth GRANTLAND and Jenny Johnson (formerly Jenny Grantland). (Re Ex parte State of Alabama (Re STATE v. Kenneth GRANTLAND and Jenny Grantland)).

PER CURIAM.

We quash the writ as having been improvidently granted. In doing so, we do not wish to be understood as suggesting that the State should be permitted to use the writ of mandamus as a substitute for an appeal in a case where an appeal is not permitted. Ex parte Cannon, 369 So.2d 32, 33 (Ala. 1978).

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HOOPER, C.J., and MADDOX, SHORES, KENNEDY, and BUTTS, JJ., concur.

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EX PARTE GRANTLAND
(Jan 23, 1998)