EX PARTE HOLBERT

1070456.

4 So.3d 410 (2008)

Ex parte Arthur Felton HOLBERT. (In re Arthur Felton Holbert State of Alabama).

Supreme Court of Alabama.

July 11, 2008.


Attorney(s) appearing for the Case

Donald A. Chapman, Decatur, for petitioner.

Troy King, atty. gen., and Beth Slate Poe, asst. atty. gen., for respondent.


LYONS, Justice.

Arthur Felton Holbert petitioned this Court for a writ of certiorari to review the decision of the Court of Criminal Appeals affirming his conviction for felony driving under the influence of alcohol ("DUI"), a violation of § 32-5-191(a)(2) and (h), Ala. Code 1975. We granted certiorari review to consider, as a material question of first impression, whether a prior in-state DUI conviction in a municipal court counts toward the total number of...

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