KYLE MILLIE PLATT A/K/A KYLE M. PLATT A/K/A KYLE MILLE PLATT A/K/A KYLE PLATT A/K/A KYLE MILLE' PLATT, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
DATE OF JUDGMENT: 05/16/2013.
COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT DISPOSITION: CONVICTED OF DRIVING UNDER THE INFLUENCE, FIRST OFFENSE, AND SENTENCED TO FORTY-EIGHT HOURS, WITH FORTY-EIGHT HOURS SUSPENDED.
FOR APPELLANT: DAVID S. VAN EVERY SR.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.
BEFORE IRVING, P.J., BARNES AND CARLTON, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
¶1. Kyle Platt was charged with driving under the influence, and the Madison County Justice Court found him guilty of common law DUI pursuant to Mississippi Code Annotated section 63-11-30(1)(a) (Rev. 2013). Platt appealed to the County Court of Madison County. During trial, after Platt's blood test results were admitted into evidence, the county court granted the State's ore tenus motion to amend Platt's charges to include per se DUI pursuant to Mississippi Code Annotated section 63-11-30(1)(c) (Rev. 2013). The county court found Platt guilty of common law DUI. Platt appealed to the Madison County Circuit Court, which affirmed the judgment of the county court. Platt now appeals the judgment of the circuit court, arguing that (1) the evidence was insufficient to support his conviction; (2) the county court erred by finding that there was probable cause for the stop; (3) the county court erred by admitting the blood test results; and (4) the county court erred by amending the charges.
¶2. Finding no error, we affirm.
¶3. On November 3, 2009, Mark Sandridge, a deputy sheriff of Madison County, arrested Platt for DUI after stopping Platt for driving with an expired tag. Before arresting Platt, Deputy Sandridge administered several field sobriety tests, including two portable breath tests (PBT) that yielded positive results. Deputy Sandridge also administered the horizontal-gaze-nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand test. Platt failed the HGN test and the walk-and-turn test, although he successfully passed the one-leg-stand test.
¶4. Following the arrest, Deputy Sandridge transported Platt to the Madison County Detention Center (MCDC), where nurse Mildred Taylor collected a blood sample from Platt to determine Platt's blood-alcohol-concentration (BAC) level. Taylor cleaned Platt's arm with an alcohol swab prior to collecting the blood ...