Opinion

Keeton v. State

797 So. 2d 421
2000 Ala. LEXIS 422
2000 WL 1310510

Court: Supreme Court of Alabama
Filed: Sep 15, 2000
Status: Published
Author: Brown
On the bench: England, Hooper, Houston, Cook, Lyons, Johnstone, See, Brown
Cited by: 1 cases
Authority: More cited than 0.8%

The opinion

BROWN, Justice

(dissenting).

I dissent. I believe this Court’s decision in Ex parte Parker, 740 So.2d 432 (Ala. 1999), is incorrect. When I served on the Court of Criminal Appeals, 1 concurred in that Court’s decision in the Parker case, holding that proof of the three prior DUI offenses was a material element of the offense of felony DUI. State v. Parker, 740 So.2d 421, 428-24 (Ala.Crim.App.1996). See also McDuffie v. State, 712 So.2d 1118 (Ala.Crim.App.1997). I continue to believe the Court of Criminal Appeals’ decision in Parker was correct. Therefore, I must dissent.

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