Johnston v. State

McMILLAN, Judge.

The appellant, Sidney Wallace Johnston, was indicted on charges of felony driving under the influence (D.U.I.) under § 32-5A-191(f), Code of Alabama 1975; misdemeanor D.U.I. under § 32-5A-191(a)(2), Code of Alabama 1975; and driving while his license was revoked or suspended. At trial, the court charged the jury only as to the misdemeanor offense. The appellant subsequently was found guilty on that charge and also on the charge of driving while his license was revoked. At sentencing, the State offered evidence of 3 prior D.U.I. - convictions. The court then dismissed the…