Carr v. State
| Docket Number: | 2005-KM-02027-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-21-2006 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI - Enhanced sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Southwick, J. Procedural History: Trial on Merits Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 10-21-2005 Appealed from: Lafayette County Circuit Court Judge: Henry L. Lackey Disposition: CONVICTED OF DUI AND FAILURE TO DIM HEADLIGHTS AND FINED $1000.00 AND SENTENCED TO 2 DAYS IN JAIL. District Attorney: BELA J. CHAIN Case Number: LK04-430MC |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Edgar Carr |
ROBERT STANLEY LITTLE |
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| Appellee: | State of Mississippi | BELA J. CHAIN |
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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 - Enhanced sentence |
| Summary of the Facts: | John Carr was convicted in municipal court of driving under the influence and failing to dim his headlights. He was fined $1,008.50 and sentenced to two days in jail, suspended on two years good behavior. Carr appealed to circuit court. He was found guilty of driving under the influence and failing to dim his headlights. The judge fined Carr $1,000 and sentenced him to two days in jail, but did not suspend the sentence. Carr appeals. |
| Summary of Opinion Analysis: | Carr argues that by imposing a sentence greater than that imposed by the lower court, the circuit court judge violated the due process clause of the Mississippi constitution. The law concerning the constitutionality of enhancing a lower court’s sentence following a de novo review by the superior court is clear. The enhanced sentence is permitted to stand so long as it is within statutory limits. |
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