Jones v. State
| Docket Number: | 2006-KM-00844-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI, Careless driving & Driving without seatbelt - Weight of evidence Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-08-2006 Appealed from: NEWTON COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: CONVICTED OF DUI, SECOND OFFENSE, CARELESS DRIVING, AND DRIVING WITHOUT A SEATBELT AND SENTENCED TO SERVE ONE YEAR IN THE NEWTON COUNTY JAIL, FINED $1,500 FOR SECOND OFFENSE DUI, FINED $121 FOR CARELESS DRIVING, AND FINED $35 FOR DRIVING WITHOUT A SEATBELT. Case Number: 05-CR-027-NW-C |
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| Party Name: | Attorney Name: | |||
| Appellant: | DAVID RAY JONES |
JAMES B. EVERETT |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | DUI, Careless driving & Driving without seatbelt - Weight of evidence |
| Summary of the Facts: | David Jones was convicted of driving under the influence of intoxicating liquor, careless driving, and driving without a seatbelt. He was sentenced to one year in the Newton County jail and to pay a $1,500 fine. He appeals. |
| Summary of Opinion Analysis: | Jones argues that the judgment was against the overwhelming weight of the evidence due to the fact that the court considered as substantive evidence of guilt Jones’ flight from the traffic stop, statements made by the city prosecutor during his cross-examination and the cross-examination of a defense witness, and impeachment testimony. The record shows that the circuit judge specifically asked the attorneys to provide the law concerning flight, and that Jones’ attorney failed to do so. Further, Jones’ counsel failed to raise any objection to the prosecutor’s questions concerning statements made by witnesses and to impeachment testimony. Also, Jones failed to raise any of the issues he complains of on appeal in his motion for a directed verdict or new trial. Where the issue was not raised with the trial judge, there can be no resulting error to deal with at the appellate level. Therefore, the issues raised by Jones are procedurally barred. |
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