Pruitt v. State

Terry Lee Pruitt was sentenced as a felon for driving under the influence. The Court of Criminal Appeals reversed his conviction and remanded the case to the trial court with directions to adjudge him guilty of a misdemeanor offense and to resentence Pruitt accordingly. Pruitt v. State, 897 So.2d 402 (Ala.Crim.App. 2003). The State filed a petition for a writ of certiorari, which this Court granted. We reverse and remand.

I. Facts and Procedural History

On March 12, 2002, Pruitt was indicted for two counts of driving under the influence ("DUI"). Count one of the indictment charged Pruitt with…