Shirley v. Alabama Dept. of Corr.

Tony Shirley was convicted of felony driving under the influence, in violation of § 32-5A-191 (a)(2), Ala.Code 1975, pursuant to a guilty plea on December 1, 2003. He was sentenced to 10 years’ imprisonment; that sentence was suspended, and he was ordered to serve five years on probation. Shirley violated his probation by being convicted of another driving-under-the-influence charge, and his probation was revoked in 2008. Thereafter, Shirley filed a petition for writ of habeas corpus, alleging that the trial court was without jurisdiction to enhance his sentence to one imposed for a felony by…