Marshall v. State

The appellant, William Lyle Marshall, pleaded guilty to felony driving under the influence (“DUI”), a violation of §§ 32-5A-191(a) and 32-5A-191(h), Ala.Code 1975. He was sentenced to five years in prison and was fined $4,100. This appeal followed.

On July 28, 2006, Marshall was arrested and charged with DUI. In April 2007, Marshall was indicted for felony DUI based on his three prior DUI convictions that had occurred in August 1998, February 2004, and February 2005. Marshall filed a motion in limine seeking to have the court exclude the August 1998 conviction from sentencing consideration…