Dutton v. State

On Rehearing Ex Mero Motu

This Court's opinion of April 27, 2001, is withdrawn and the following is substituted therefor.

John Mark Dutton was convicted in the Circuit Court of Morgan County of driving under the influence ("DUI"), a misdemeanor. At the time of the offense, Dutton had had four prior DUI convictions within the five-year period preceding the offense. Thus, under § 32-5A-191(h), he would have been sentenced for a Class C felony if he was convicted of the offense. However, by the time he was indicted, because of the lapse of time between the offense and the indictment, the earlier…