 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STATE v. BROOKS9/27/1996
1975, "the date of conviction, rather than the date of the offense, controls." Loftin, 480 So.2d at 607. Although this court has noted that " ' he courts have given the word conviction many different legal meanings, depending on the situations in which it is used,' " Carroll v. State, 599 So.2d 1253, 1265 (Ala. Cr. App. 1992), aff'd, 627 So.2d 874 (Ala. 1993), cert. denied, 510 U.S. 1171, 114 S.Ct. 1207, 127 L.Ed.2d 554 (1994), we can find no case where a "conviction" has been construed to mean the acts forming the basis of a criminal charge.
Even if it were to be conceded that the language of § 32-5A-191(f) is somewhat unclear, " 'ambiguous criminal statutes must be narrowly interpreted, in favor of the accused.' United States v. Herring, 933 F.2d 932, 937 (11th Cir. 1991)[, vacated on rehearing, 977 F.2d 1435 (11th Cir. 1992)]. ' t is well established that criminal statutes should not be "extended by construction." ' Ex parte Evers, 434 So.2d 813, 817 (Ala. 1983). ' " riminal statutes must be strictly construed, to avoid ensnaring behavior that is not clearly proscribed." ' United States v. Bridges, 493 F.2d 918, 922 (5th Cir. 1974)." Carroll, supra, 599 So.2d at 1264.
Because if, at the time of the hearing, Brooks were to be convicted of the DUI offense charged in this case, that conviction would occur more than five years after two of the prior DUI convictions that the State intended to introduce, the trial court properly granted Brooks's motion to suppress. The trial court's judgment is affirmed.
AFFIRMED.
All Judges concur.
Page 1 2 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|