Wilkins v. City of Florence
| Docket Number: | 2007-KM-00349-COA Linked Case(s): 2007-CA-00349-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-11-2007 Opinion Author: IRVING, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: DUI first offense - Jurisdiction - Section 11-51-81 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 02-02-2007 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: AFFIRMED THE JUDGMENT OF CONVICTION AND SENTENCE OF THE RANKIN COUNTY COUNTY COURT WHEREIN APPELLANT WAS CONVICTED OF DUI, FIRST OFFENSE, SPEEDING, AND CARELESS DRIVING District Attorney: David Byrd Clark Case Number: 17,334 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DENNIS G. WILKINS |
J. EDWARD RAINER
LORA SUZANNE GIPSON |
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| Appellee: | CITY OF FLORENCE | DAVID RINGER | ||
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: | DUI first offense - Jurisdiction - Section 11-51-81 |
| Summary of the Facts: | Dennis Wilkins was convicted in the Municipal Court of the City of Florence of DUI first offense, careless driving, and speeding. He appealed his convictions to the Rankin County County Court which found Wilkins guilty as well. Wilkins appealed to the Rankin County Circuit Court, which, sitting as an appellate court, affirmed each of the convictions. He appeals. |
| Summary of Opinion Analysis: | This case originated in the Municipal Court of the City of Florence and was appealed first to the Rankin County County Court and then to the Rankin County Circuit Court. Therefore, pursuant to section 11-51-81 no further appeal is permitted unless a constitutional issue is presented, and an appeal is specifically allowed by either the circuit judge or by a judge of the supreme court. Wilkins presents a constitutional issue, as he contends that it is a denial of equal protection to permit a jury trial in a criminal misdemeanor case brought in Justice or County Court, but to deny a defendant the same right in a criminal misdemeanor case brought in Municipal Court. There is no order by either the circuit judge or the supreme court permitting this appeal. Therefore, this appeal is dismissed for lack of jurisdiction. |
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