King v. City of Richland
| Docket Number: | 2002-KM-01447-COA Linked Case(s): 2002-CT-01447-SCT ; 2002-KM-01447-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Griffis, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: DUI first offense & Careless driving - Out-of-time appeal - M.R.A.P. 4(h) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 12-21-2001 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: GUILTY OF DUI, FIRST OFFENSE, FINED $749.50, SENTENCED TO FORTY-EIGHT HOURS IN RANKIN COUNTY JAIL, SUSPENDED. IN LIEU OF SUSPENDED JAIL TERM, REQUIRED TO PERFORM SIXTEEN HOURS OF COMMUNITY SERVICE WORK IN RANKIN COUNTY WITHIN THE NEXT SIX MONTHS. ALSO SENTENCED TO ONE SESSION OF THE VICTIM IMPACT RESPONSE SEMINAR AND TO ATTEND THE NEXT AVAILABLE SESSION OF MASEP. ALSO FOUND GUILTY OF CARELESS DRIVING AND FINED $48.50 Case Number: 13247 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ken King a/k/a Ken Marc King |
V. W. CARMODY
JAMIE KELLY MCBRIDE |
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| Appellee: | City of Richland, Mississippi | JAY MAX KILPATRICK PAUL B. HENDERSON |
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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 & Careless driving - Out-of-time appeal - M.R.A.P. 4(h) |
| Summary of the Facts: | Ken King was convicted on two misdemeanor counts, first offense driving under the influence and careless driving, in the Municipal Court of the City of Richland. King appealed his convictions to county court. The jury of the county court convicted King on both counts. The circuit court affirmed the convictions, and King appeals. |
| Summary of Opinion Analysis: | Under M.R.A.P. 4(h), when a notice of appeal is not timely filed within thirty days of judgment, a trial court may reopen the time for appeal if a party entitled to receive notice of entry of a judgment or order did not receive such notice within 21 days of its entry and if no party would be prejudiced. A request to reopen is to be filed with the court within 180 days of entry of the judgment or order or within 7 days of receipt of such notice of the entry of judgment, whichever is earlier. In this case, the circuit court's order affirming the convictions was entered on December 21, 2001. King filed his motion for an out-of-time appeal on July 9, 2002, two hundred days after the filing of the circuit court's judgment. Therefore, the circuit court erred in allowing King's out-of-time appeal. |
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