McMULLEN v. STATE

CR-06-0646.

2 So.3d 931 (2008)

Ocie McMULLEN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

February 1, 2008.


Attorney(s) appearing for the Case

Benjamin E. Schoettker, Montgomery, for appellant.

Troy King, atty. gen., and Daniel W. Madison, asst. atty. gen., for appellee.


WELCH, Judge.

Ocie McMullen pleaded guilty to driving under the influence of alcohol ("DUI"), a violation of § 32-5A-191(a), Ala.Code 1975. Because McMullen had three prior convictions for DUI, the trial court enhanced his conviction and sentence to felony DUI and sentenced McMullen to six years' imprisonment. The trial court also fined McMullen $4,100.

Before McMullen entered his plea, he moved to dismiss the indictment alleging felony DUI. In support...

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