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Ex Parte Collier

Supreme Court of Alabama
Aug 5, 1988
544 So. 2d 985 (Ala. 1988)

Summary

In Ex parte Collier, 544 So.2d 985, our Supreme Court held that this Court had erroneously held that subsections (a)(1) and (a)(2) "are separate and distinct offenses.

Summary of this case from Collier v. State

Opinion

87-354.

August 5, 1988.

Petition for Writ of Certiorari to the Court of Criminal Appeals.

Robert F. Clark of Clark, Deen Copeland, Mobile, for petitioner.

Don Siegelman, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for respondent.


The judgment is reversed and the case is remanded to the Court of Criminal Appeals for that court to consider its judgment in light of this Court's decision in Sisson v. State, 528 So.2d 1159 (Ala. 1988). By remanding the cause to the Court of Criminal Appeals, we should not be understood as holding that the Court of Criminal Appeals cannot affirm the conviction. We hold only that the Court's opinion erroneously holds that subsections (a)(1) and (a)(2) of § 32-5A-191 (the DUI statute) "are separate and distinct offenses."

REVERSED AND REMANDED.

TORBERT, C.J., and JONES, ALMON, SHORES, BEATTY, ADAMS, HOUSTON and STEAGALL, JJ., concur.


Summaries of

Ex Parte Collier

Supreme Court of Alabama
Aug 5, 1988
544 So. 2d 985 (Ala. 1988)

In Ex parte Collier, 544 So.2d 985, our Supreme Court held that this Court had erroneously held that subsections (a)(1) and (a)(2) "are separate and distinct offenses.

Summary of this case from Collier v. State
Case details for

Ex Parte Collier

Case Details

Full title:Ex parte Dwayne COLLIER. (Re Dwayne Collier v. State)

Court:Supreme Court of Alabama

Date published: Aug 5, 1988

Citations

544 So. 2d 985 (Ala. 1988)

Citing Cases

Collier v. State

That court also held that a complaint charging a violation of subsection (a)(1) ("0.10 percent or more by…