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EX PARTE BOYD

1990740.

796 So.2d 1092 (2001)

Ex parte Lee BOYD. (Re Lee Boyd v. State of Alabama).

Supreme Court of Alabama.

April 6, 2001.

Attorney(s) appearing for the Case

J. Brent Burney of Burney & Burney, Decatur, for petitioner.

Bill Pryor, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for respondent.

WOODALL, Justice.

Lee Boyd was indicted for felony driving under the influence of alcohol in violation of § 32-5A-191(h), Ala.Code 1975. Two of the three prior convictions relied upon by the State to indict Boyd were more than five years old. Boyd filed a motion to dismiss the indictment, arguing that Act No. 97-556, 1997 Ala. Acts 985, unconstitutionally removed the phrase "within a five-year period" from § 32-5A-191(h). The circuit court found that Act...

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