Dutton v. State

807 So.2d 596 (2001)

John Mark DUTTON

v.

STATE of Alabama.

CR-00-0301.

Court of Criminal Appeals of Alabama.

June 29, 2001.

James Ralph Mason, Jr., Decatur, for appellant.

John Mark Dutton, appellant, pro se.

Bill Pryor, atty. gen., and Kristi L. Deason, asst. atty. gen., for appellee.

On Rehearing Ex Mero Motu

COBB, Judge.

This Court's opinion of April 27, 2001, is withdrawn and the following is substituted therefor.

John Mark Dutton was convicted in the Circuit Court of Morgan County of driving under the influence ("DUI"), a misdemeanor. At the time of the offense, Dutton had had four prior DUI…