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Stamper v. State

March 24, 1998

STAMPER V. STATE


Before Thomas, P.j., Diaz, And Payne, JJ.

The opinion of the court was delivered by: Diaz, J.

MARTIN L. STAMPER A/K/A "MARTY", APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 05/18/95

TRIAL JUDGE: HON. LARRY EUGENE ROBERTS

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: FELONY D.U.I.: SENTENCED TO 5 YRS; 4 ½ YRS SUSPENDED; 5 YRS PROBATION; PAY $5,000 FINE AND COURT COSTS OF $184.50; DEFENDANT IS TO ATTEND ALCOHOLICS ANONYMOUS MEETINGS; DRIVING LICENSE SUSPENDED FOR 5 YRS

DISPOSITION AFFIRMED - 3/24/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Martin L. Stamper was tried on April 18-20, 1995, for third offense, driving under the influence (DUI)-felony DUI-by a jury in the Lauderdale County Circuit Court. Stamper's blood-alcohol content (BAC) was.209-- more than twice the legal limit in Mississippi. Stamper was sentenced to five years in the custody of the Mississippi Department of Corrections with four and one-half years suspended and five years probation. Also, Stamper's driver's license was suspended for five years, and he was ordered to attend Alcoholics Anonymous meetings, to pay a $5000 fine, and court costs of $184.50. Stamper now appeals on four issues:

I. The trial Judge erred when he denied Stamper's request to dismiss the felony charge of DUI on the ground that administrative suspension of his driver's license following his arrest on November 13, 1993 constituted punishment under the fifth amendment double jeopardy clause, and therefore prohibits any subsequent criminal prosecution for the offense of DUI;

II. The trial Judge erred when he admitted into evidence Justice and municipal court abstracts reflecting Stamper's two prior misdemeanor ...


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