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EX PARTE HESSE

1991267.

792 So.2d 1085 (2000)

Ex parte John Michael HESSE. (In re John Michael Hesse v. State).

Supreme Court of Alabama.

November 22, 2000.

Attorney(s) appearing for the Case

James W. May of James W. May & Associates, P.C., Foley, for petitioner.

Bill Pryor, atty. gen., and Joseph G.L. Marston III, asst. atty. gen., for respondent.

LYONS, Justice.

John Michael Hesse was convicted on November 14, 1995, of driving while under the influence of alcohol ("D.U.I."), a violation of § 32-5A-191(h), Ala.Code 1975. Hesse's conviction was treated as a felony conviction, and for that conviction the trial court sentenced him to 10 years' imprisonment. Pursuant to the provisions of § 15-18-8, Ala.Code 1975, commonly called the "Split Sentence Act," the court ordered Hesse to serve one year and two...

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