
    Ex parte Robert James KNOX. (Re Robert James Knox v. State).
    1981772.
    Supreme Court of Alabama.
    April 6, 2001.
    Gary L. Blume of Blume & Blume, P.C., Tuscaloosa, for petitioner.
    Bill Pryor, atty. gen., and Cedric B. Colvin, asst. atty. gen., for respondent.
   On Application for Rehearing

PER CURIAM.

The application for rehearing is granted. The opinion released on January 12, 2001, is withdrawn. The writ of certiorari is quashed as improvidently granted.

APPLICATION GRANTED; OPINION OF JANUARY 12, 2001, WITHDRAWN; WRIT OF CERTIORARI QUASHED.

MOORE, C.J., and HOUSTON, SEE, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.

JOHNSTONE, J., dissents.

JOHNSTONE, Justice

(dissenting).

I respectfully dissent from the order granting the rehearing and quashing the writ as improvidently granted. Even if we assume that this defendant did not belong in drug court, we cannot correctly conclude that the judge, having admitted the defendant to drug court in return for the guilty plea, was not bound by the requirements of due process in revoking the sentencing deferment entailed by the drug court status.  