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04/14/95 DAVID LYNN HAWKINS v. TOWN MOODY

April 14, 1995

DAVID LYNN HAWKINS
v.
TOWN OF MOODY



Appeal from St. Clair Circuit Court. (CC-93-156). William Hereford, TRIAL JUDGE.

Rehearing Denied June 16, 1995. Certiorari Denied August 11, 1995. Released For Publication February 5, 1996.

Cobb, Judge. All the Judges concur.

The opinion of the court was delivered by: Cobb

COBB, JUDGE

This case was originally assigned to another Judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Cobb on January 17, 1995.

The appellant, David Lynn Hawkins, was convicted of driving under the influence of alcohol, a violation of § 32-5A-191(a)(2), Code of Alabama 1975, and was sentenced to one year in the county jail and was ordered to pay fines and costs.

Because we are reversing the appellant's conviction, we need address only two issues presented in the appellant's brief.

I

The appellant contends that the Town of Moody failed to prove a prima facie case of driving under the influence of alcohol because, he says, the town failed to introduce its ordinance adopting § 32-5A-191 into evidence. Specifically, the appellant argues that, although he stipulated to the ordinance, the Town of Moody must still introduce the ordinance into evidence in order to prove all elements of the charge against him.

Just before the first witness was called to testify, the following occurred in open court:

"The Court: Bill, [prosecutor] call your first witness.

"Mr. Weathington (prosecutor): Judge, at this time we offer the city's adopting ordinance.

"Mr. Quick [defense]: Could I have ...


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