Barnett v. State

The appellant, Roger Dale Barnett, was convicted of driving under the influence of alcohol (DUI), a violation of §32-5A-191(a)(2), Code of Alabama 1975. He was sentenced to 90 days in jail.

The state's evidence tended to show that on December 4, 1994, the appellant was in actual physical control of his automobile while under the influence of alcohol. Assistant Chief Randy Kizziah of the Brookwood Police Department testified that he and the Tuscaloosa Sheriff's Department had received a dispatch to be on the lookout for a "primer orange" Ford Mustang automobile owned by Roger Dale Barnett, the…