Sheppard v. State
| Docket Number: | 2001-KA-00453-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-14-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony DUI - Replacement of juror - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-15-2001 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: DUI FELONY - SENTENCED TO 5 YEARS WITH 2-1/2 YEARS SUSPENDED PENDING DEFENDANT’S FUTURE GOOD BEHAVIOR. PAY FINE IN THE AMOUNT OF $2,000 AND ALL COSTS OF COURT, WITH ALL ASSESSMENTS TO BE PAID AT THE RATE OF $100 PER MONTH BEGINNING WITHIN 90 DAYS OF RELEASE FROM INCARCERATION. District Attorney: John W. Champion Case Number: CR-2000-411-RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | William Robert Sheppard |
JOHN D. WATSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Felony DUI - Replacement of juror - Sufficiency of evidence |
| Summary of the Facts: | William Sheppard was convicted of felony driving under the influence and was sentenced to five years with two and a half suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Replacement of juror Sheppard argues that the court erred in denying his motion for a mistrial after one of the chosen jurors failed to return to the jury box in a timely manner. However, the court did not abuse its discretion since all parties agreed that the juror would be replaced if that juror failed to return in time. In addition, defense counsel approved of both alternate jurors, one of which replaced the juror. Issue 2: Sufficiency of evidence Sheppard argues that the evidence is insufficient, because the results of the Breathalyzer could be inaccurate since the officer could not observe Sheppard’s mouth while en route to the police station and Sheppard could have belched or regurgitated. However, the officer testified that he never took his eyes off of Sheppard while en route to the police department and that Sheppard at no time had anything placed in his mouth. The officer’s testimony was the only testimony heard by the jury and was sufficient to support the verdict. |
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