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. StateOpinion
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.