Heidelberg v. State
Docket Number: | 2006-KA-01125-COA Linked Case(s): 2006-KA-01125-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 10-30-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Felony DUI - Jury instructions - Section 63-11-30 (1) Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 06-02-2006 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: CONVICTION OF DRIVING UNDER THE INFLUENCE AND SENTENCED TO SERVE A TERM OF THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Anthony J. Buckley Case Number: 2003-272-KR2 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | BOBBY HEIDELBERG |
BRENDA JACKSON PATTERSON |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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. |
Topic: | Felony DUI - Jury instructions - Section 63-11-30 (1) |
Summary of the Facts: | Bobby Heidelberg was convicted of felony driving under the influence and was sentenced to three years. He appeals. |
Summary of Opinion Analysis: | Heidelberg argues that the court committed reversible error by failing to instruct the jury on the elements of felony DUI, specifically, the jury was not instructed that the alcohol intoxication “impaired his ability to operate said vehicle.” While the phrase “impaired his ability to operate a motor vehicle” is an element of a crime listed under section 63-11-30 (1), it is not an element of the specific subpart of the code section under which Heidelberg was tried and convicted. The elements required to prove one is in violation of section 63-11-30 (1) are that a defendant was operating a motor vehicle, and that the defendant was under the influence of intoxicating liquor. These are the exact elements on which the jury in this case was instructed. Therefore, there was no fundamental error in the nstructions. |
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