Court of Criminal Appeals of Alabama March 1, 2002, CR-00-2320 (Hamilton v. State)

The appellant, David Hamilton, was indicted by the fall 2000 Escambia County grand jury for misdemeanor driving under the influence of alcohol. In March 2001, the prosecutor moved to amend the indictment to charge felony driving under the influence because Hamilton had three prior convictions for driving under the influence.