State v. Chastain

OPINION

ANDERSON, Justice.

In this direct appeal, the defendant first insists that the State, through the state attorney general or district attorney general, has no authority to challenge the constitutionality of a state statute. Second, the defendant contends that after just such a challenge, the trial court erred in holding unconstitutional Section 2 of Public Chapter 355 of the Acts of 1991, as amended 1 , which authorized constitutional challenge of prior DUI guilty plea convictions used for enhancement of punishment in subsequent DUI cases.

We conclude that the state attorney general and…