State v. Adams

On Remand, from the Alabama Supreme Court

McMILLAN, Retired Appellate Judge.

Pursuant to the Alabama Supreme Court’s decision in State v. Adams, 23 So.3d 1104 (Ala.2009), this court’s unpublished memorandum issued on February 1, 2008, which dismissed the State’s appeal, is hereby withdrawn.

On appeal, the State contends that the circuit court erred in ruling that Adams’s prior DUI convictions in the municipal court could not be used to enhance his sentence for the current DUI offense. In Ex parte Holbert, 4 So.3d 410 (Ala.2008), the Alabama Supreme Court held that pri- or in-state DUI…