Hesse v. State

LYONS, Justice.

John Michael Hesse was convicted on November 14, 1995, of driving while under the influence of alcohol (“D.U.I.”), a violation of § 32-5A-191(h), Aa.Code 1975. Hesse’s conviction was treated as a felony conviction, and for that conviction the trial court sentenced him to 10 years’ imprisonment. Pursuant to the provisions of § 15-18-8, Ala.Code 1975, commonly called the “Split Sentence Act,” the court ordered Hesse to serve one year and two days of confinement and three years of probation.

While serving the probation segment of his split sentence, Hesse was charged with violating…