Moore v. State

The appellant, Robert Allan Moore, pleaded guilty to driving under the influence of alcohol (DUI), which, because this was his fourth or subsequent DUI conviction, is a Class C felony. See § 32-5A-191(h), Ala. Code 1975. The trial court sentenced the appellant to four years in prison, but split the sentence and ordered him to serve three years in confinement followed by five years of probation.

The appellant contends that the trial court erred in denying his motion to withdraw his guilty plea because, he says, the trial court failed to sentence him in accordance with the terms of the plea…