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Keeton v. State9/15/2000
The Court of Criminal Appeals affirmed the defendant's conviction, without an opinion, on April 30, 1999. Keeton v. State, (No. CR-98-0385) ___ So. 2d ___ (Ala. Crim. App. 1999) (table). We granted certiorari review. The legal issue presented in this case is the same as that presented in Ex parte Parker, 740 So. 2d 432 (Ala. 1999). The judgment of the Court of Criminal Appeals is reversed and the cause is remanded, based on our holding in Parker, as clarified in Ex parte Form-by, 750 So. 2d 587 (Ala. 1999).
REVERSED AND REMANDED.
Hooper, C.J., and Houston , Cook, Lyons, and Johnstone, JJ., concur.
See, J., concurs in the result.
Brown, J., dissents.
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, I 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. Parker v. State, 740 So. 2d 421, 423-24 (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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