Ex Parte Boyd

Lee Boyd was indicted for felony driving under the influence of alcohol in violation of § 32-5A-191(h), Ala. Code 1975. Two of the three prior convictions relied upon by the State to indict Boyd were more than five years old. Boyd filed a motion to dismiss the indictment, arguing that Act No. 97-556, 1997 Ala. Acts 985, unconstitutionally removed the phrase "within a five-year period" from § 32-5A-191(h). The circuit court found that Act No. 97-556 does not violate Ala. Const. 1901, §45. Therefore, the court denied Boyd's motion to dismiss, and he pled guilty, reserving the right to appeal…