Dutton v. State

I concur based on my opinion concurring in the result in Davis v.State, 806 So.2d 404 (Ala.Crim.App. 2001). I write specially to point out the fundamental difference between Davis and the present case. In Davis, the district court certified the following question to this Court:

"`When a DUI case and its companion case(s) (if any) are sent to the Grand Jury for consideration, and that Grand Jury returns an indictment for one count of Felony DUI and one count of Misdemeanor DUI, and in a Circuit Court proceeding it is determined that the State cannot prove three proper prior convictions for…