Jones v. State
Docket Number: | 2007-KM-00344-SCT | |
Supreme Court: | Opinion Link Opinion Date: 01-10-2008 Opinion Author: Waller, P.J. Holding: Reversed and Remanded |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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. |
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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