Murray v. State
| Docket Number: | 2002-KM-01222-SCT Linked Case(s): 2002-KM-01222-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-04-2004 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Timeliness of appeal - Section 99-35-1 - URCCC 12.02A Judge(s) Concurring: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 06-24-2002 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: Appellant was convicted of DUI and switched tag. District Attorney: Alexander C. Martin Case Number: 2002-0060CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Murray |
SORIE S. TARAWALLY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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 - Timeliness of appeal - Section 99-35-1 - URCCC 12.02A |
| Summary of the Facts: | Christopher Murray was convicted and sentenced in the Copiah County Justice Court for driving under the influence, first offense, and switched tag. Murray filed a notice of appeal to circuit court. The court dismissed the appeal as untimely, and Murray appeals. |
| Summary of Opinion Analysis: | Murray argues that the court erred in dismissing his appeal, because his appeal was timely. While section 99-35-1 allows a person adjudged guilty of a criminal offense by a justice court to appeal to circuit court within forty days of such judgment of conviction, under URCCC 12.02A, Murray had thirty days to file a notice of appeal in the circuit court having jurisdiction. Where there is conflict between a statute and a procedural rule created by the Supreme Court, the rule controls and the statute is void. Therefore, the circuit court did not err in dismissing Murray’s appeal as untimely under URCCC 12.02A. |
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