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HAMILTON v. STATE

CR-00-2320.

828 So.2d 957 (2002)

David HAMILTON v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

March 1, 2002.

Attorney(s) appearing for the Case

Robert S. Presto, Brewton, for appellant.

Submitted on appellant's brief only.

PER CURIAM.

The appellant, David Hamilton, was indicted by the fall 2000 Escambia County grand jury for misdemeanor driving under the influence of alcohol. In March 2001, the prosecutor moved to amend the indictment to charge felony driving under the influence because Hamilton had three prior convictions for driving under the influence. Hamilton consented to the amendment, and the circuit court granted the State's motion to amend. However, the second indictment contained...

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