JOHNSTON v. STATE

CR-95-1569.

740 So.2d 436 (1996)

Sidney Wallace JOHNSTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 31, 1997.


Attorney(s) appearing for the Case

Charlotte Adams Stubbs, Foley, for appellant.

Jeff Sessions, atty. gen., and John J. Park, Jr., asst. atty. gen., for appellee.


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Code of Alabama 1975; misdemeanor D.U.I. under § 32-5A-191(a)(2), Code of Alabama 1975; and driving while his license was revoked or suspended.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...

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