Loveless v. City of Booneville


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Docket Number: 2006-KM-00435-COA

Court of Appeals: Opinion Link
Opinion Date: 05-22-2007
Opinion Author: CARLTON, J.
Holding: Affirmed

Additional Case Information: Topic: DUI, Possession of beer & Speeding - Jurisdiction - Section 21-23-7 - Section 63-9-21(3)(c) - Sufficiency of evidence
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-03-2006
Appealed from: PRENTISS COUNTY CIRCUIT COURT
Judge: Paul S. Funderburk
Disposition: CONVICTED OF DRIVING UNDER THE INFLUENCE FIRST OFFENSE, POSSESSION OF BEER IN A DRY COUNTY, AND SPEEDING, AND SENTENCED TO FORTYEIGHT HOURS IN THE PRENTISS COUNTY JAIL AND $1,600 IN FINES
Case Number: CR05-115

  Party Name: Attorney Name:  
Appellant: ANTHONY RYAN LOVELESS




TOMMY DEXTER CADLE KENNETH EUGENE FLOYD



 

Appellee: CITY OF BOONEVILLE, MISSISSIPPI WILLIAM WAYNE SMITH  

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Topic: DUI, Possession of beer & Speeding - Jurisdiction - Section 21-23-7 - Section 63-9-21(3)(c) - Sufficiency of evidence

Summary of the Facts: Anthony Loveless was convicted for the crimes of driving under the influence of intoxicating liquor, possession of beer in a dry county, and speeding. He appeals.

Summary of Opinion Analysis: Issue 1: Jurisdiction The uniform traffic ticket Loveless received for driving under the influence stated that the municipal court was located at 203 N. Main Street, Booneville, MS 38829. Over five years prior to the issuance of this citation, the municipal court had changed locations to 1901 East Chambers Drive in Booneville. This correct address was printed on the ticket Loveless received for speeding. The court granted the City’s motion to amend the address on the ticket. Loveless argues that both the Booneville Municipal Court and the circuit court were without jurisdiction and that the City’s attempt to amend the ticket was insufficient to cure the defect because nothing in the record transmitted from the municipal court reflected any amendment. The sworn complaint requirement of section 21-23-7 is met when the traffic ticket includes the information required in section 63-9-21(3)(c). Here, all of the statutorily required information was contained on the traffic citation issued to Loveless. There is no requirement that the address of the municipal court be contained on the ticket. Since there was no prejudice and no statutory mandate to include the location of a municipal court, the ticket issued to Loveless satisfied the requirements of the statute. Issue 2: Sufficiency of evidence Loveless argues that there was insufficient credible evidence that he was driving under the influence of intoxicating beverages. The police officer testified that he noticed a strong smell of alcohol coming from Loveless. He observed that Loveless had glazed, bloodshot, and heavy eyes, and that his speech was slurred. Loveless was unable to multitask when the officer asked him for his proof of insurance and questions like where Loveless was coming from. The officer’s opinion was properly accepted as lay testimony. Thus, the evidence presented to the court was sufficient to convict Loveless.


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