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Blevins v. State6/22/1998
lant for D.U.I. and driving while his license was revoked. 'The district court has exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions even where an indictment has been returned (except ordinance infractions prosecuted in municipal courts).' Wright v. State, 494 So.2d 177, 179 (Ala.Cr.App. 1986)."
Eskridge, ___ So.2d at ___.
This court noted in Eskridge that the fact that the indictment referred to the statute defining the offense of "felony D.U.I." (i.e., § 32-5A-191(f), now subsection (h)) could not save the indictment from being fatally deficient in charging a felony offense over which the circuit court would have had exclusive original jurisdiction.
"'A reference to a statutory source in an indictment is a "matter of convenience and not of substance." Pate v. State, 45 Ala.App. 164, 166, 227 So.2d 583 (1969). "The statement that the facts violate a certain section of the statute is nothing more than the pleader's Conclusion, which may or may not be correct, and neither adds nor detracts from the allegation." Harper v. United States, 27 F.2d 77, 79 (5th Cir. 1928); Allen v. State, 33 Ala.App. 70, 73, 30 So.2d 479 (1947). Reference to the statute is treated as surplusage. Fitzgerald v. State, 53 Ala.App. 663, 303 So.2d 162 (1974).'"
Eskridge, ___ So.2d at ___, quoting Barbee v. State, 417 So.2d 611, 613-14 (Ala.Cr.App. 1982).
The circuit court lacked jurisdiction to try Blevins's case because the indictment charged him only with committing two misdemeanor traffic offenses -- driving while under the influence of alcohol and driving while his license was revoked. It did not charge him with committing the Class C felony now set out in § 32-5A-191(h). On the authority of Eskridge v. State, Blevins's convictions for D.U.I. and driving while his license was revoked must be reversed because the circuit court never had jurisdiction. The judgment of the circuit court is reversed and this cause is remanded to the circuit court with directions that the circuit court remand this cause to the district court for further proceedings.
REVERSED AND REMANDED WITH DIRECTIONS.
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