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State v. Shaver9/17/1999
ged DUI, whether in the circuit court or a lower court. See Casey v. State, supra.
Based on the above analysis, the order of the trial court dismissing the indictment is hereby reversed and the case remanded to the circuit court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
McMillan and Cobb, JJ., concur; Long, P.J., and Baschab, J., concur in result only, with opinion by Long, P.J.
LONG, PRESIDING JUDGE, CONCURRING IN RESULT ONLY
I concur in the majority's decision to reverse the circuit court's judgment of dismissal in this case. However, in light of the Supreme Court's holding in Ex parte Form-by, [Ms. 1972151, August 27, 1999] ___ So.2d ___ (Ala. 1999), I cannot concur in the majority's recommendation that, where a good indictment has been returned and jurisdiction of a felony DUI case is in the circuit, the state should be made to put on pretrial proof as to a defendant's prior DUI convictions; nor can I agree with the majority's Conclusion that if the state fails to provide such pretrial proof, the circuit court should transfer the case to the district court or the municipal court. Once the circuit court acquires subject matter jurisdiction over a felony offense charged by way of indictment, the circuit court retains jurisdiction over the case until final Disposition of all charges included in the indictment, even if the charge is ultimately disposed of as a misdemeanor. See Crear v. State, 591 So.2d 530, 532 (Ala.Cr.App. 1991); § 12-11-30(2), Ala. Code 1975. Here, the circuit court acquired subject matter jurisdiction based on the charge in Shaver's indictment. Ex parte Form-by, ___ So.2d at ___. See Smith v. State, 609 So.2d 449, 450 (Ala.Cr.App. 1992); and Ross v. State, 529 So.2d 1074, 1078 (Ala.Cr.App. 1988). Therefore, I concur only in the result.
Baschab, J., concurs.
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