Beal v. State
| Docket Number: | 2006-KM-00345-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Sufficiency of evidence 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 - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-24-2006 Appealed from: Jefferson County Circuit Court Judge: Lamar Pickard Disposition: CONVICTION OF SPEEDING AND D.U.I. FIRST OFFENSE (OTHER SUBSTANCE) AND SENTENCE OF FORTY-EIGHT HOURS OF JAIL TIME, SUSPENDED UPON PAYMENT OF $511.50 FINE. Case Number: 2005-33KR |
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| Party Name: | Attorney Name: | |||
| Appellant: | ZAVIEN T. BEAL |
AAFRAM YAPHET SELLERS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 first offense - Sufficiency of evidence |
| Summary of the Facts: | Zavien Beal was convicted by the Jefferson County Justice Court of speeding and D.U.I. first offense (other substance) and was sentenced to pay a fine and serve a term of forty-eight hours in jail, with the forty-eight hours suspended upon payment of the fine. Beal appealed to circuit court which also found Beal guilty of D.U.I. first offense. Beal appeals. |
| Summary of Opinion Analysis: | Beal argues that the evidence is insufficient. The evidence is sufficient to sustain Beal’s conviction. At the scene, the officer observed marijuana on Beal’s clothing, noted that Beal’s eyes were blood-shot, and remarked that Beal appeared to be particularly nervous. Furthermore, the officer testified that Beal stated that he had smoked marijuana a short time before the stop. A reasonable fact-finder could have found Beal guilty of first-offense D.U.I. Nothing about the officer’s allowing Beal to drive away from the scene affects whether Beal was actually under the influence when he was stopped initially. |
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