Knight v. City of Auburn

Court of Criminal Appeals of Alabama

Knight v. City of Auburn

557 So. 2d 1336, 1990 Ala. Crim. App. LEXIS 41, 1990 WL 19793

CourtCourt of Criminal Appeals of Alabama

DecidedFebruary 2, 1990

Docket5 Div. 566

StatusPublished

This text of 557 So. 2d 1336 (Knight v. City of Auburn) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knight v. City of Auburn, 557 So. 2d 1336, 1990 Ala. Crim. App. LEXIS 41, 1990 WL 19793 (Ala. Ct. App. 1990).

Pincite

Opinion

McMILLAN, Judge.

The appellant was charged in a two-count complaint with DUI, in violation of § 32-5A-191(a)(l) and (2), Code of Alabama (1975), as adopted by the City of Auburn. Prior to trial, the State elected to proceed under subsection (2) of the DUI statute and moved to dismiss the remaining count of the complaint. Thereafter, the appellant was found guilty as charged in a jury trial and was sentenced to six months’ in jail and fined $1,000.00. The appellant’s driver’s license was also suspended for three years.

[1337]*1337The appellant’s trial occurred in January 1989, prior to our Supreme Court’s decision in Ex parte Buckner, 549 So.2d 451 (Ala.1989), and this Court’s opinion in Pitts v. City of Auburn, 552 So.2d 184 (Ala.Cr.App.1989). The appellee acknowledges that several of the issues raised in the case sub judice were decided adversely in Buckner, supra, and Pitts, supra, and therefore requests that this case be remanded for a new trial. It is therefore the opinion of this Court that the judgment of the trial court is due to be reversed and this cause remanded for a new trial.

REVERSED AND REMANDED.

All the Judges concur.

Free access — add to your briefcase to read the full text and ask questions with AI

McMILLAN, Judge.

The appellant was charged in a two-count complaint with DUI, in violation of § 32-5A-191(a)(l) and (2), Code of Alabama (1975), as adopted by the City of Auburn. Prior to trial, the State elected to proceed under subsection (2) of the DUI statute and moved to dismiss the remaining count of the complaint. Thereafter, the appellant was found guilty as charged in a jury trial and was sentenced to six months’ in jail and fined $1,000.00. The appellant’s driver’s license was also suspended for three years.

[1337]*1337The appellant’s trial occurred in January 1989, prior to our Supreme Court’s decision in Ex parte Buckner, 549 So.2d 451 (Ala.1989), and this Court’s opinion in Pitts v. City of Auburn, 552 So.2d 184 (Ala.Cr.App.1989). The appellee acknowledges that several of the issues raised in the case sub judice were decided adversely in Buckner, supra, and Pitts, supra, and therefore requests that this case be remanded for a new trial. It is therefore the opinion of this Court that the judgment of the trial court is due to be reversed and this cause remanded for a new trial.

REVERSED AND REMANDED.

All the Judges concur.

Cite This Page — Counsel Stack

Bluebook (online)

557 So. 2d 1336, 1990 Ala. Crim. App. LEXIS 41, 1990 WL 19793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-city-of-auburn-alacrimapp-1990.

Opinion

Related

Cite This Page — Counsel Stack