Fowler v. State
| Docket Number: | 2007-KM-00881-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-06-2008 Opinion Author: ROBERTS, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Misdemeanor: Careless driving & DUI first offense - Right to appeal - Section 99-35-1 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Dismissal Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 05-01-2007 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Al Smith Disposition: APPEAL DISMISSED District Attorney: Laurence Y. Mellen Case Number: 2006-0324 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | REGINALD FOWLER |
V.W. CARMODY |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
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: | Misdemeanor: Careless driving & DUI first offense - Right to appeal - Section 99-35-1 |
| Summary of the Facts: | Reginald Fowler pled guilty to careless driving and driving under the influence, first offense, in the Tunica County Justice Court. Fowler appealed to circuit court and requested a trial de novo on the merits. However, the circuit court dismissed Fowler’s appeal. Fowler appeals. |
| Summary of Opinion Analysis: | Fowler argues that he was entitled to a trial de novo in circuit court, regardless of the fact that he pled guilty to the charges against him in justice court. Pursuant to section 99-35-1, a defendant who has been convicted of a criminal offense in a justice court may appeal even though he or she pleaded guilty. Furthermore, such a defendant is entitled to a trial de novo. |
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