Bonds v. State
| Docket Number: | 2010-KM-01371-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-27-2011 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Venue - Validity of DUI citation - Section 63-9-21(6) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 07-15-2010 Appealed from: Prentiss County Circuit Court Judge: James L. Roberts Disposition: CONVICTED OF DRIVING UNDER THE INFLUENCE, FIRST OFFENSE, AND SENTENCED TO COMPLETE THE MASEP PROGRAM AND TO PAY A $250 FINE District Attorney: Laura Caveness McElroy Case Number: CR 2010-091 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jimmy D. Bonds |
ROBERT BRYCE LOTT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 first offense - Venue - Validity of DUI citation - Section 63-9-21(6) |
| Summary of the Facts: | Jimmy Bonds was issued five driving citations for the following reasons: a seatbelt violation, careless driving, failure to dim headlights, improper tag, and driving under the influence. Bonds’s first hearing occurred on March 16, 2010, in the Prentiss County Justice Court. He was convicted of first offense DUI. Bonds appealed his DUI conviction to circuit court which found Bonds guilty of DUI first offense. Bonds appeals. |
| Summary of Opinion Analysis: | Issue 1: Venue Bonds argues that the circuit court erred by denying his motion for a directed verdict on the issue that the State failed to affirmatively establish venue or rule out any other ‘reasonable theory.’ The evidence presented in this case is sufficient to support the circuit judge’s decision that venue had been proven. All five citations, including the DUI citation, list Prentiss County as the county in which the offense occurred. Other evidence includes testimony from the police officer that he had been transferred to Prentiss County to work as a trooper. He also testified that when he took Bonds to the jail, they went to the Prentiss County Jail. When questioned, he further confirmed that the hearing that day was being held in Prentiss County. The Breathalyzer consent form that was entered into evidence at trial and is signed by the officer lists the county where the violation occurred as Prentiss County. Thus, a rational trier of fact could have determined that the evidence was sufficient to prove venue. Issue 2: Validity of DUI citation Bonds argues that the circuit judge erred in not dismissing the DUI charge because the police officer did not timely file the citation. The DUI citation issued to Bonds lists the day that it was sworn and attested to as January 8, 2010. The remaining citations show that they were sworn and attested to on January 5, 2010. At the hearing, the officer testified that he actually filed, swore and attested to the DUI citation on the same day as the other citations, but an error at the clerk’s office required him to re-swear to the citation on January 8, 2010. Bonds argues that, pursuant to section 63-9-21(6), the officer should have filed the DUI citation with the clerk of court no later than 5:00 p.m. on January 4, 2010; therefore, his failure to do so requires dismissal of the case. There are cases to support the proposition that even a defect in a citation can be amended before trial as long as the defendant was not harmed by the defect. In this case, Bonds was not held in jail until January 5, 2010, or January 8, 2010. He bonded out of jail approximately three hours later. Thus, he would not have been harmed by the officer’s late filing. |
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