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544 So. 2d 985

Collier v. State

Supreme Court of Alabama

Decided August 5, 1988

Supreme Court of Alabama · decided 1988-08-05

Cited by 1 later decisions — most recently September 1988

1 state decisions

Relies on 528 So. 2d 1159 - Ex Parte State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-08-05

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MADDOX, Justice.

¶1The judgment is reversed and the case is remanded to the Court of Criminal Appeals for that court to consider its judgment in light of this Court’s decision in Sisson v. State, 528 So.2d 1159 (Ala.1988). By remanding the cause to the Court of Criminal Appeals, we should not be understood as holding that the Court of Criminal Appeals cannot affirm the conviction. We hold only that the Court’s opinion erroneously holds that subsections (a)(1) and (a)(2) of § 82-5A-191 (the DUI statute) “are separate and distinct offenses.”

¶2REVERSED AND REMANDED.

TORBERT, C.J., and JONES, ALMON, SHORES, BEATTY, ADAMS, HOUSTON and STEAGALL, JJ„ concur.
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