Hill v. City of Wiggins


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Docket Number: 2007-CA-01094-COA
Court of Appeals: Opinion Link
Opinion Date: 06-17-2008
Opinion Author: CHANDLER, J.
Holding: Affirmed
Additional Case Information: Topic: DUI - Failure to post bond - URCCC 12.02
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Dissenting Author : IRVING, J., without separate written opinion.
Concur in Part, Concur in Result 1: Griffis, J. without separate written opinion.
Procedural History: Dismissal
Nature of the Case: CRIMINAL - MISDEMEANOR
Trial Court: Date of Trial Judgment: 05-29-2007
Appealed from: STONE COUNTY CIRCUIT COURT
Judge: Lisa P. Dodson
Disposition: APPEAL FROM MUNICIPAL COURT DISMISSED BY CIRCUIT COURT
Case Number: B6601-2007-0012
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: MICHIEL LAYNE HILL




 BENJAMIN H. HOLLAND, JACK PARSONS, TADD PARSONS



  
  • Appellant #1 Brief
    		•
    Appellee: CITY OF WIGGINS THOMAS M. MATTHEWS  
    Synopsis provided by:

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    Topic: DUI - Failure to post bond - URCCC 12.02
    Summary of the Facts: Michiel Hill pled guilty in Municipal Court to driving under the influence. Hill timely appealed to circuit court. Prior to the scheduled trial, the State moved to dismiss Hill’s appeal for failure to post bond as required by URCCC 12.02(A). The court granted the motion to dismiss. Hill appeals.
    Summary of Opinion Analysis: Hill argues that the circuit court improperly dismissed his appeal from the municipal court, because the payment of the fines and the filing fee made the posting of a bond unnecessary because they were sufficient in place of the bond. URCCC 12.02 requires that for an appeal to circuit court to be perfected, an appellant must timely file a notice of appeal and a bond. Because Hill did not post the necessary bond or file a motion seeking to cure his deficient appeal, the circuit court properly dismissed Hill’s appeal from municipal court.


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