Johnston v. State

KELLUM, Judge.

Pursuant to a negotiated plea agreement, the appellant, Christopher Wayne Johnston, was convicted of felony driving under the influence of alcohol (“DUI”), a violation of § 32-5-191(a)(2) and (h), Ala. Code 1975. The circuit court sentenced Johnston to five years’ imprisonment. Additionally, the court ordered Johnston to pay a $5,000 fine and $250 to the crime victims compensation fund.

Before pleading guilty, Johnston moved to dismiss the felony DUI charge against him on the basis that the prior DUI convictions used to enhance his DUI charge occurred more than five years before…