Spencer v. State


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Docket Number: 2003-KM-00672-SCT

Supreme Court: Opinion Link
Opinion Date: 08-26-2004
Opinion Author: Easley, J.
Holding: Affirmed

Additional Case Information: Topic: First offense DUI - Failure to post appeal bond - UCCCR 12.02 A
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz and Graves, JJ.
Procedural History: Bench Trial
Nature of the Case: CRIMINAL - MISDEMEANOR

Trial Court: Date of Trial Judgment: 01-23-2003
Appealed from: Yalobusha County Circuit Court
Judge: Ann H. Lamar
Disposition: Dismissed appeal to the circuit court.
District Attorney: Katharine Ward
Case Number: CR2000-10-LY1

Note: Motion to Dismiss Appeal filed by the State of Mississippi is dismissed as moot.

  Party Name: Attorney Name:  
Appellant: Robert Spencer, Jr.




TOMMY WAYNE DEFER



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE McCRORY  

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Topic: First offense DUI - Failure to post appeal bond - UCCCR 12.02 A

Summary of the Facts: Robert Spencer, Jr., was found guilty of various misdemeanor traffic violations, including first offense DUI, in the Justice Court of Yalobusha County. Spencer filed a notice of appeal with the Circuit Court of Yalobusha County. The circuit court dismissed Spencer's appeal with prejudice and remanded the case to the justice court for execution of the sentence originally rendered. Spencer appeals.

Summary of Opinion Analysis: The circuit court found that Spencer's appeal from justice court had not been properly perfected, because he failed to post a bond to perfect the appeal as required by UCCCR 12.02 A. The rule provides that the appeal is not perfected until two things occur: the filing of a written notice of appeal and a cost bond. Both of these filings are to be done within thirty days of the judgment from which the appeal is taken. As Spencer was found guilty in the justice court on August 28, 2000, and he did not post bond with the circuit court until January 15, 2003, the court did not err in dismissing Spencer's appeal.


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