Bates v. State
| Docket Number: | 2005-KA-01769-COA Linked Case(s): 2005-KA-01769-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-17-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Permanent disability to another while operating a vehicle under the influence of intoxicating liquor - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-09-2005 Appealed from: Tate County Circuit Court Judge: Andrew C. Baker Disposition: CONVICTED OF ONE COUNT OF CAUSING DISFIGUREMENT AND PERMANENT DISABILITY TO ANOTHER WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, AND ONE COUNT OF FAILING TO REMAIN AT THE SCENE OF AN ACCIDENT INVOLVING DISFIGUREMENT AND PERMANENT DISABILITY OF ANOTHER, AND SENTENCED TO CONCURRENT SENTENCES OF SIX AND FIVE YEARS, RESPECTIVELY, IN THE CUSTODY OF THE MDOC District Attorney: JOHN W. CHAMPION Case Number: CR2005-9-B-T |
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| Party Name: | Attorney Name: | |||
| Appellant: | George L. Bates a/k/a George Bates |
DAVID L. WALKER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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: | Permanent disability to another while operating a vehicle under the influence of intoxicating liquor - Sufficiency of evidence |
| Summary of the Facts: | George Bates was convicted of one count of causing disfigurement and permanent disability to another while operating a vehicle under the influence of intoxicating liquor, and one count of failing to remain at the scene of an accident involving disfigurement and permanent disability of another. Bates was sentenced to concurrent terms of imprisonment of six and five years, respectively, and was ordered to pay restitution to the victim. He appeals. |
| Summary of Opinion Analysis: | Bates argues that there was no intoxilyzer or sobriety test performed to determine whether he was intoxicated at the time of the accident. Nothing in section 63-11-30(1) (a) and (b) requires the State to prove that Bates had a certain blood alcohol content. The State need only prove that Bates was either operating his vehicle while under the influence of intoxicating liquor or operating his vehicle while under the influence of any other substance which impaired his ability to operate a motor vehicle. Bates’ argument concerning the lack of an intoxilyzer or sobriety test would only be relevant had he been indicted under section 63-11-30(1) (c). The State presented several witnesses, all of whom testified that everyone in attendance at the gathering was drinking beer, including Bates. The State also presented evidence that someone was following Bates home in case Bates needed help. Further, there was proof that Bates was over the centerline on the crest of the hill when the collision occurred. Thus, the State presented sufficient evidence from which the jury could reasonably conclude that Bates was under the influence of intoxicating liquor to the degree that his motor skills necessary to properly operate a vehicle were impaired. |
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