Burleson v. State

Appellant, Barry Joe Burleson, was involved in an automobile collision in Tuscaloosa County on July 24, 1986, and, as a result, was charged with driving under the influence of alcohol. Ala. Code (1975), § 32-5A-191. He pleaded guilty to the charge on January 8, 1987, in the district court. Subsequently, on May 28, 1987, he was indicted by the grand jury for assault in the first degree, Ala. Code (1975), § 13A-6-20(a)(3), the offense allegedly arising out of the automobile collision of July 24, 1986. After pleading not guilty, appellant moved for a dismissal of the assault charge on double…