Bertram v. State
Decision Date | 21 December 2001 |
Citation | 884 So.2d 886 |
Parties | Patricia Norman BERTRAM v. STATE. |
Court | Alabama Court of Criminal Appeals |
Thomas M. Haas, Mobile, for appellant.
William H. Pryor, Jr., atty. gen., and Yvonne A.H. Saxon, asst. atty. gen., for appellee.
The appellant, Patricia Norman Bertram, pled guilty to felony driving under the influence ("felony DUI"), a violation of § 32-5A-191(a)(2) and (h), Ala.Code 1975, and misdemeanor leaving the scene of an accident, a violation of § 32-10-1, Ala.Code 1975. The circuit court sentenced her to serve a term of five years in prison on the felony DUI conviction, but split the sentence and ordered her to serve two years in prison followed by five years on supervised probation. It also sentenced her to serve a concurrent term of one year in the county jail on the leaving the scene of an accident conviction. Finally, it imposed a $4,100 fine on the felony DUI conviction. This appeal follows.
The appellant argues that, because she was originally charged with misdemeanor DUI, the municipal court improperly transferred her cases for prosecution in the circuit court.1 She also argues that the circuit court improperly used a prior DUI conviction from the State of Florida to enhance her sentence on her DUI conviction.2 The appellant bases her arguments on a contention that only prior convictions pursuant to § 32-5A-191, Ala.Code 1975, may be used to enhance a sentence for a conviction pursuant to § 32-5A-191, Ala.Code 1975. We disagree.
Carroll v. State, 599 So.2d 1253, 1264 (Ala.Crim.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). Section 32-5A-191, Ala.Code 1975, provides, in pertinent part:
Section 32-5A-191, Ala.Code 1975, does not specifically state that only convictions pursuant to that section may be used to enhance a sentence for a conviction pursuant to that section. However, the Commentary to § 32-5A-191, Ala.Code 1975, states, in part:
"The purpose of this section is not only to bring the law on driving while intoxicated in line with the most recent advances made in other states to achieve something closer to uniform treatment with our sister states, but also to make DUI statutes more enforceable and to do a better job of helping identify the problem of the drinking driver and to keep him off the highway."
Clearly, the Legislature has concluded that people who drive while they are intoxicated pose a threat to society. Accordingly, it has stated that its purpose in passing § 32-5A-191, Ala.Code 1975, was threefold: 1) to help make the treatment of people who drive while they are intoxicated in Alabama more consistent with the treatment of such people in sister states; 2) to help identify people who drive while they are intoxicated; and 3) to keep people who drive while they are intoxicated off of the highways.
The narrow reading of § 32-5A-191, Ala.Code 1975, that the appellant encourages would be contrary to the Legislature's express intent to expand, rather than to constrict, the enforcement of DUI laws. Such a reading might also encourage people who drive while they are intoxicated to move from jurisdiction to jurisdiction to avoid more severe punishment for subsequent convictions. We reject such a narrow interpretation of § 32-5A-191, Ala.Code 1975. Rather, just as we have concluded that felony convictions from other jurisdictions may be used to enhance sentences pursuant to the...
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Ex parte Bertram
...32-5A-191, Ala.Code 1975, "felony driving under the influence." The Court of Criminal Appeals affirmed in an opinion, Bertram v. State, 884 So.2d 886 (Ala.Crim.App.2001). We granted Bertram's petition for a writ of certiorari to address a single question of first impression: whether Subsect......
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