In Hoover, relying on McDuffie v. State, 712 So.2d 1118 (Ala.Crim.App. 1997), this Court refused to extend Ex parte Bertram and held that prior in-state municipal DUI convictions could be used for sentence enhancement under § 32-5A-191.
Summary of this case from Hankins v. StateNo. CR-04-0159.
June 10, 2005.
Decision without published opinion. Affirmed.
In Hoover, relying on McDuffie v. State, 712 So.2d 1118 (Ala.Crim.App. 1997), this Court refused to extend Ex parte Bertram and held that prior in-state municipal DUI convictions could be used for sentence enhancement under § 32-5A-191.
Summary of this case from Hankins v. StateFull title:CRAIG ALLEN HOOVER v. STATE
Court:Court of Criminal Appeals of Alabama
Date published: Jun 10, 2005
The State also asserts that municipal DUI convictions count as prior DUI convictions under § 32-5A-191(h)…
Hankins v. StateIn Ex parte Bertram, the Court construed § 32-5A-191 as allowing only prior in-state DUI convictions under §…