Ex Parte Holbert

I respectfully dissent from the majority’s refusal to overrule Ex parte Bertram, 884 So.2d 889 (Ala.2003), and its decision to reverse the judgment of the Court of Criminal Appeals. The majority holds:

“Under this Court’s holding in Ex pai~te Bertram that 32-5A-191(h) should be read as stating ‘ “On a fourth or subsequent conviction [of violating this section], a person convicted of violating this section shall be guilty of a Class C felony and punished by [stating the penalty],” ’ 884 So.2d at 892, we must conclude that, independent of § 32-5A-191(o), a DUI conviction in a municipal court…