Hankins v. State

On October 11, 2006, the appellant, Jeffery Hankins, 1 pleaded guilty to driving under the influence of alcohol ("DUI"), a violation of § 32-5A-191(a)(2), Ala. Code 1975. He was sentenced, pursuant to the enhanced felony sentencing provision in § 32-5A-191(h), Ala. Code 1975, to 65 months in prison; the sentence was suspended, and Hankins was ordered to serve 15 months in prison, followed by probation.2

During the guilty-plea proceedings, Hankins objected to the trial court's sentencing him under the felony provision in § 32-5A-191(h) because, he said, he did not have the requisite number of…