Jones v. State


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Docket Number: 2007-KM-00344-SCT

Supreme Court: Opinion Link
Opinion Date: 01-10-2008
Opinion Author: Waller, P.J.
Holding: Reversed and Remanded

Additional Case Information: Topic: First offense DUI - Trial de novo - Section 99-35-1
Judge(s) Concurring: Diaz, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ.
Dissenting Author : Easley, J., with separate written opinion.
Dissent Joined By : Smith, C.J.
Procedural History: Dismissal
Nature of the Case: CRIMINAL - MISDEMEANOR

Trial Court: Date of Trial Judgment: 02-09-2007
Appealed from: TUNICA COUNTY CIRCUIT COURT
Judge: Al Smith
Disposition: The circuit court dismissed Jones's appeal from her guilty-plea-conviction in justice court for first-offense DUI and careless driving.
District Attorney: Laurence Y. Mellen
Case Number: 2006-0256

  Party Name: Attorney Name:  
Appellant: LINDA JONES




DAVID M. HOLLY



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: First offense DUI - Trial de novo - Section 99-35-1

Summary of the Facts: The circuit court dismissed Linda Jones’ appeal from a guilty-plea-conviction in justice court for first-offense DUI and careless driving. Jones appeals.

Summary of Opinion Analysis: Jones argues that the circuit court abused its discretion by denying her the right to a trial de novo after conviction in a justice court. The right to appeal from any conviction of a criminal offense from justice court is provided under section 99-35-1, which makes no exception as to appeals. Therefore, the judgment of the circuit court dismissing Jones’ appeal is reversed and remanded.


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