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STATE v. ADAMS

1070920.

23 So.3d 1104 (2009)

Ex parte State of Alabama (In re STATE of Alabama v. Mark Dewayne ADAMS).

Supreme Court of Alabama.

March 6, 2009.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Stephen N. Dodd, asst. atty. gen., for petitioner.

Donald A. Chapman, Decatur, for respondent.

BOLIN, Justice.

Mark Dewayne Adams was indicted for felony driving under the influence of alcohol ("DUI") after having been convicted three or more times of DUI, a violation of § 32-5A-191(h), Ala.Code 1975.1 Before trial, his counsel presented oral motions based on the following arguments: (1) that the circuit court did not have jurisdiction because the current offense was not a felony due to the fact that three of Adams's four prior...

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