TYSON, Judge.
On June 7, 1990, Hardy Matthews III was arrested and charged by a Birmingham police officer with drinking alcohol in public, possession of drug paraphernalia, and unlawful possession of a controlled substance. On the above date, Matthews was observed sitting in his automobile by the Birmingham officer while the officer was on routine patrol. As the officer approached the automobile, he noticed that the appellant was drinking a beer and that an open, half-full bottle of beer was inside the car. The appellant was asked to step to the back of the vehicle, where he was placed under arrest.
An inventory of the automobile by the officer revealed a green bag containing 11 bags of cocaine and one set of scales. A search of the appellant subsequent to his arrest revealed a twelfth bag of cocaine in the appellant's right pants pocket. The City charged the appellant with drinking alcohol in public and with possession of drug paraphernalia. Both of these charges are misdemeanors under the code of the City of Birmingham. The appellant was also charged with the unlawful possession of a controlled substance (cocaine), which is a felony. This charge is currently pending in the Circuit Court of Jefferson County, Alabama.
The City's complaint with reference to the drinking of alcohol in a public place that is not licensed charged a violation of § 12-10-9(c) of the general code of the City of Birmingham, as amended 1980. The charge of possessing drug paraphernalia with the intent to test, repack, store, or conceal a controlled substance charged a violation of § 11-1-1 of the general code of the City of Birmingham, as amended 1980.
This ordinance adopts the provisions of § 13A-12-260(c), Code of Alabama 1975. The complaint in each instance is dated September 14, 1990. To each of the complaints, appellant entered a not guilty plea both in municipal court and again when the cause was appealed to circuit court.
The appellant's counsel, both in municipal court and again in circuit court, moved to dismiss each of the two complaints against the appellant, Hardy Matthews III, alleging that the municipal court of the City of Birmingham did not have jurisdiction to hear the cases, citing § 12-11-30(2), Code of Alabama 1975. This motion was denied both in municipal court and again in circuit court. Hence, this appeal.
I
The appellant contends that the circuit court had exclusive jurisdiction over the misdemeanor charges which were originally heard in municipal court and, thus, the municipal court did not have jurisdiction to entertain these charges. The City of Birmingham 1 argues that the municipal court had concurrent jurisdiction with the circuit court over these misdemeanor offenses.
The stipulation under which this cause was heard in circuit court is set forth below:
"PROCEEDINGS
"THE COURT: Let's have a formal arraignment. We've already served a copy on the defendant and his attorney. We will read the Complaints to them, and let them enter a formal plea.
"MR. EDENS: Read the Complaints? Okay. " 'City of Birmingham, a Municipal Corporation, Plaintiff v. Hardy Matthews, III, Defendant.
" 'Case No. CC90-2759.
" 'Comes now the City of Birmingham, a municipal corporation, and complains that the Defendant, Hardy Matthews, III, within twelve months before the beginning of this prosecution, on or about June 7, 1990, and within the City of Birmingham or the police jurisdiction thereof, at to-wit: the 3400 block of Eighth Avenue South, did or have in open and unconcealed possession or custody for drinking, any malt or brewed beverage at or in any public place other than a licensed beer place, contrary to and in violation of Section 12-10-9-(c) of the General Code of the City of Birmingham, Alabama, 1980, as amended.'
" 'Complaint filed the 14th of September, 1990, by John Edens, Assistant City Attorney.
" 'City of Birmingham, a Municipal Corporation, Plaintiff, vs. Hardy Matthews, III, Defendant.
" 'Case No. CC90-2760
" 'Comes now the City of Birmingham, a municipal corporation, and complains that the Defendant, Hardy Matthews, III, within twelve months before the beginning of this prosecution, or about June 7, 1990, and within the City of Birmingham or the police jurisdiction thereof, at to-wit: 3400 block of Eighth Avenue South, unlawfully used or possessed with intent to use to prepare, test, analyze, pack, repack, store, contain or conceal a controlled substance, one (1) set of scales and a green bag containing eleven (11) bags of cocaine in violation of Section 11-1-1 of the General Code of the City of Birmingham, Alabama, 1980, or as amended as it adopts the words, language and meaning of Section 13A-12-260(c), Code of Alabama, 1975, as amended.'
"Complaint filed 14 September, 1990, John M. Edens, Assistant City Attorney."
"THE COURT: To each of the Complaints, how does the Defendant plead?
"MR. PARSON: Not guilty, sir.
"THE COURT: All right, gentlemen, we will now have the stipulations by the parties.
"MR. EDENS: All right.
"The City of Birmingham, Alabama would expect the evidence to show that on June 7, 1990, at approximately 4:30 a.m., Birmingham police officer Crane, C-r-a-n-e, observed the Defendant sitting in his vehicle at 3400 Eighth Avenue South, Jefferson County, Birmingham, Alabama.
"When the officer turned his vehicle around to see what the Defendant was doing, the Defendant started getting out of his vehicle, and as the officer approached the vehicle, the officer observed a glass of beer and an open, half-full bottle of beer in the Defendant's vehicle.
"The officer then asked the Defendant to step to the rear of the Defendant's vehicle, and then placed the Defendant under arrest for drinking in public, a violation of Birmingham Municipal Ordinance 12-10-9(c) of the General Code of the City of Birmingham, Alabama, 1980, as amended.
"On inventory of the Defendant's vehicle by Officer Crane at the scene, there was found a green bag containing 11 bags of a white substance, the substance was in each of the bags, and a set of scales.
"Search of the Defendant subsequent to this revealed another bag of a white substance in the Defendant's right pants pocket.
"The testimony would also show that a toxicology report was made and that the substance contained in these 11 bags in the green bag, and the one bag on the Defendant's person, was cocaine.
"The Defendant was charged with the offense of possession of drug paraphernalia, in violation of Section 11-1-1 of the General City Code of Birmingham, Alabama, 1980, as amended, as it adopts the words, language and meaning of Section 13A-12-260(c) Code of Alabama, 1975, as amended.
"He was also charged with possession of a controlled substance, cocaine, in violation of Title 13A. I don't know the code section for the controlled substances laws.
"THE COURT: It's 13A-12, and whatever Section you're--
"MR. EDENS: Possession? Okay. 13A-12-212, unlawful possession or receipt of controlled substances, cocaine.
"The Defendant was taken to jail, made bond, appeared in Birmingham Municipal Court on June 19, 1990; Misdemeanor Division, Judge Tennant Smallwood.
"The case was continued a couple of times. On July 10, 1990, on the charges in the municipal court of the City of Birmingham: Drinking in public, and possession of drug paraphernalia, the Defendant was represented by attorney Connie Parson, who is present and represents the Defendant here today. The cases were resolved in city court, in that the Defendant entered a not guilty plea on stipulation of the City's evidence.
"On the drinking in public charge he was sentenced to $50 and costs of $15, and $29 in fees.
"On the possession of drug paraphernalia a not guilty stipulation was entered. He was convicted of that offense: Two-hundred dollars, and $15 costs, and $29 in fees, and sentenced to 60 days in jail.
"Prior to entering the stipulations and appeal of the case, Mr. Parson filed a Motion to Dismiss the charges in the municipal court of the City of Birmingham, listing the municipal court cases as 402 0491, which was for drinking in public; and 402 0492, which was the case number for the possession of drug paraphernalia.
"We'll enter a copy of the motion that was filed as an exhibit. The motion was denied on June 26, 1990, by Judge Tennant Smallwood, per the assignment of the jurisdiction by Judge Jasper, Presiding Judge of the Circuit Court, Criminal Division.
"MR. PARSON: Sir, on behalf of the Defendant, Hardy Matthews, we re-enter our Motion to Dismiss the two Complaints filed against Mr. Matthews by the City of Birmingham, premised upon Section
12-22-30(2) of the Code of Alabama, as amended, 1975.
"And quoting from that Section, paraphrasing it: 'The Circuit Court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which arise from the same incident as a felony, a felony charge.'
"We reiterate that Mr. Matthews was charged by the City of Birmingham and found guilty of possession of drug paraphernalia, and also drinking in public.
"He was subsequently charged with a felony, that of a controlled substance, thereby creating and giving to this court the original jurisdiction of both the misdemeanor and the felony case.
"We therefore respectfully ask that this Court dismiss both Complaints against Mr. Matthews again, premised upon Section 12-11-30(2) of the Code of Alabama, as amended in 1975.
"THE COURT: Mr. Edens, you wish to be heard?
"MR. EDENS: Judge, the City's position is, as you know, is split.
"There are four judges in...
