Houston v. State
Houston v. State
Concurring in Part
concurring in part, and dissenting in part.
I dissent from the majority’s holding in Part III of its unpublished memorandum. I joined Judge Long’s dissent on rehearing in State v. Parker, 740 So.2d 421 (Ala.Cr.App. 1996), opinion on rehearing, 740 So.2d 424 (Ala.Cr.App. 1997). I agree with Judge Long’s statement in his dissent in Parker that “the application of [§ 32-5A-191(f), now subsection (h) j
Although I am well aware that the majority has held otherwise, I nevertheless maintain that “subsection (f) [now (h) ] is a sentence enhancement provision which requires that a defendant’s prior DUI convictions be proven to the trial court at
. Subsection (f) (now (h)) provides in pertinent part: "On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony.
. The present case was assigned to Judge Long; he is compelled to follow the majority decision in Parker. Parker’s petition for cer-tiorari review has been granted by the Alabama Supreme Court and review is pending in that Court.
Opinion of the Court
AFFIRMED BY UNPUBLISHED MEMORANDUM.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.