State v. McCall

I concur in the result the majority reaches. I further note that, for the reasons I set forth in my dissents in State v. McGee,992 So.2d 793 (Ala.Crim.App. 2008) (Baschab, P.J., dissenting from unpublished memorandum), and State v. Mullins,991 So.2d 789 (Ala.Crim.App. 2008) (Baschab, P.J., dissenting from unpublished memorandum), an apparent lack of evidence as to prior DUI convictions is not an appropriate ground for the pretrial dismissal of a felony DUI indictment.