STATE v. WATERS

BOWEN, Presiding Judge.

The petition for writ of mandamus seeking to require a Montgomery Circuit Court judge to vacate and hold for naught his order granting a new trial is hereby denied on authority of Ex parte Hooper, 453 So.2d 1066 (Ala. 1984), holding that mandamus will not lie to compel the trial court's exercise of discretion in a particular manner.

PETITION DENIED.

All Judges concur.