Marshall v. State

Although I do not agree with all the language and reasoning in the main opin*1190ion, I do agree with the following holdings: that William Lyle Marshall must be resen-tenced in accordance with this Court’s opinion in Hankins v. State, 989 So.2d 610 (Ala.Crim.App.2007); that a circuit court has jurisdiction to sentence a defendant for a conviction of driving under the influence regardless of whether the sentence is a felony sentence or a misdemeanor sentence; and that Dutton v. State, 807 So.2d 596 (Ala.Crim.App.2001), Davis v. State, 806 So.2d 404 (Ala.Crim.App.2001), and State v. Shaver, 816…