Heidelberg v. State


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Docket Number: 2006-KA-01125-COA
Linked Case(s): 2006-KA-01125-COA

Court of Appeals: Opinion Link
Opinion Date: 10-30-2007
Opinion Author: KING, C.J.
Holding: Affirmed

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

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



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

    Synopsis provided by:

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    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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