Marshall v. State

The main opinion states that “if a defendant is charged in an indictment with the offense of DUI and with having three prior DUI convictions (i.e., with violating § 32-5A-191(h), Ala.Code 1975), then the DUI offense charged is a felony prosecution and the jurisdiction of the circuit court is invoked.” 25 So.3d at 1194. The main opinion then concludes that “[i]n this case, the indictment charged Marshall with the offense of DUI and with having three prior DUI convictions” and that “[tjhis indictment set forth a felony prosecution, invoking the circuit court’s jurisdiction.” 25 So.3d at 1195. I…