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Gore v. State

Court of Appeals of Mississippi

December 3, 2013

ERIC B. GORE A/K/A ERIC BRADLEY GORE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: WEBSTER COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/28/2012. TRIAL JUDGE: HON. JOSEPH H. LOPER JR. TRIAL COURT DISPOSITION: CONVICTED OF DRIVING UNDER THE INFLUENCE, FIRST OFFENSE, AND SENTENCED TO FORTY-EIGHT HOURS IN THE WEBSTER COUNTY JAIL, WITH THE SENTENCE SUSPENDED SUBJECT TO THE SUCCESSFUL COMPLETION OF SIX MONTHS OF PROBATION, PAYMENT OF A $520.50 FINE, AND ADDITIONAL CONDITIONS.

FOR APPELLANT: GEORGE M. MITCHELL JR.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE IRVING, P.J., ROBERTS AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CRIMINAL - MISDEMEANOR

IRVING, P.J.:

[¶1] The Webster County Justice Court found Eric B. Gore guilty of driving under

Page 1098

the influence (DUI), first offense. Gore appealed to the Webster County Circuit Court, which, after a trial de novo, also found Gore guilty of DUI. The circuit court sentenced Gore to forty-eight hours in the county jail, with the sentence suspended subject to Gore's completion of six months of probation and additional conditions, and ordered Gore to pay a fine of $520.50. Feeling aggrieved, Gore appeals and raises the following issues, which we quote below:

I. The trial court committed error when it accepted contradictory testimony from the officer that the defendant was observed for twenty (20) minutes immediately prior to being tested as required by the Mississippi Department of Public Safety and also by [Mississippi Code Annotated section] 63-11-5(1) [(Rev. 2013)] for fifteen (15) minutes prior to being tested.
II. The court erred in its ruling when it failed to require the State of Mississippi to follow established statutory guidelines which, by not doing such, violated Eric B. Gore's Due Process Rights under the United States Constitution Amend[ment] XIV and [the] Mississippi Constitution [Article 3, Section] 14.
III. Driving under the influence is an enhancement charge under [Mississippi Code Annotated section] 63-11-30 [(Rev. 2013)] and the trial court failed to require the State to provide Eric B. Gore all of his constitutional protections.

[¶2] Finding no error, we affirm.


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