Doolie v. State
| Docket Number: | 2002-KA-00792-COA Linked Case(s): 2002-KA-00792-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony DUI - Weight of evidence - Prior convictions - Authentication - Public record - M.R.E. 902(1) - M.R.E. 803(8) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-29-2002 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: GUILTY OF FELONY DUI. SENTENCED TO SERVE 5 YEARS IN THE CUSTODY OF THE MDOC, 3 YEARS SUSPENDED, 2 YEARS POSTRELEASE SUPERVISION. Case Number: 99-0-045 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bobby Doolie a/k/a Bobby J. Doolie |
JAMES G. MCINTYRE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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: | Felony DUI - Weight of evidence - Prior convictions - Authentication - Public record - M.R.E. 902(1) - M.R.E. 803(8) |
| Summary of the Facts: | Bobby Doolie was found guilty of felony driving under the influence, third offense. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Doolie argues that the evidence presented failed to prove, beyond a reasonable doubt, that he was guilty of driving under the influence. The officer, a trained DUI officer and instructor, testified that he observed Doolie weaving across the highway on at least three occasions and that he smelled a strong odor of alcohol, noticed bloodshot eyes and slurred speech, noticed Doolie fumble through his wallet for identification, and observed that Doolie was unsteady on his feet. The defense presented no evidence tending to demonstrate Doolie's innocence. Therefore, the evidence was sufficient. Issue 2: Prior convictions The State introduced two certified copies of records documenting Doolie's two previous DUI misdemeanor convictions, one from Grenada County Justice Court and one from Grenada County Municipal Court, and a record from the Mississippi Department of Public Safety, which also reported Doolie's two previous DUI misdemeanor convictions. Doolie argues that the court erred in the admission of the justice court record and the municipal court record, because the records were not under seal and, therefore, not self-authenticating pursuant to M.R.E. 902(1). Doolie failed to object to the municipal court record at the trial level and therefore, that issue is waived. The Mississippi Department of Public Safety printout of Doolie's driving record is admissible as a data compilation pursuant to the public record exception of M.R.E. 803(8). In addition, the Mississippi Department of Public Safety driving record was under seal, and therefore, self-authenticated pursuant to M.R.E. 902(1). Therefore, there was no prejudice to Doolie by admitting the corroborating justice court record. |
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