Holloway v. State
| Docket Number: | 2002-KA-00926-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-02-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2002 Appealed from: Walthall County Circuit Court Judge: Mike Smith Disposition: OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR - SENTENCED TO SERVE A TERM OF FIVE YEARS IN THE CUSTODY OF MDOC. Case Number: 2002-8-AB |
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| Party Name: | Attorney Name: | |||
| Appellant: | Johnny Ray Holloway |
GUS GRABLE SERMOS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Sufficiency of evidence |
| Summary of the Facts: | Johnny Holloway was convicted of the operation of a motor vehicle while under the influence of intoxicating liquor and was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Holloway argues that there was insufficient evidence to show he was operating the vehicle within the meaning of section 63-11-30(1)(a) or (c). To be guilty of driving or operating a motor vehicle while under the influence of drugs or alcohol, or with an illegally high blood-alcohol content, the person must be shown by direct proof or reasonable inferences to have driven the vehicle while in that condition, or operating the vehicle while sitting behind the wheel, in control with the motor running. Holloway's statement that he had consumed some beer prior to driving the vehicle to its then location, in conjunction with the deputy's observations of Holloway, and the results of the intoxilyzer test, provided sufficient evidence that Holloway was guilty of DUI. |
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