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Moore v. State

Supreme Court of Mississippi

November 13, 2014

CHARLES EDWARD MOORE a/k/a CHARLES MOORE a/k/a CHARLES E. MOORE
v.
STATE OF MISSISSIPPI

DATE OF JUDGMENT: 11/08/2012.

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. ROBERT B. HELFRICH.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: BENJAMIN ALLEN SUBER, GEORGE T. HOLMES.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS, JOHN R. HENRY, JR.

BEFORE RANDOLPH, P.J., KING AND COLEMAN, JJ. WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE AND KING, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

COLEMAN, JUSTICE

¶1. Charles Edward Moore appeals his conviction from the Forrest County Circuit Court for felony driving under the influence (DUI), third offense. Moore raises one assignment of error on appeal, arguing that there was insufficient evidence to support his conviction. We hold that Moore's

Page 201

assignment of error is without merit and affirm his conviction.

FACTS AND PROCEDURAL HISTORY

¶2. On October 26, 2011, Officer Derek Holmes was patrolling for the Hattiesburg Police Department, and he observed a gold Chevrolet Cavalier traveling southbound on McCall Avenue. Holmes stated that the vehicle appeared to be speeding and that, when he turned on his radar, he clocked the vehicle traveling forty-one miles per hour. The posted speed limit was thirty miles per hour. Holmes stated that he then turned on his blue lights and started following the vehicle. The driver of the vehicle did not seem to notice Holmes at first because he did not pull over. Holmes then turned his siren on and off.

¶3. The vehicle in question then neared Officer Jonathan Denson, who was on the side of the road preforming a separate traffic stop. The vehicle stopped in the middle of the road next to Denson. Denson testified that, when the vehicle was stopped next to him, the driver and the passenger of the vehicle did not look at him; they kept looking straight ahead. The vehicle then moved again, taking a right onto Chapel Road about forty to fifty feet in front of Denson. The vehicle continued about 100 more feet and then stopped in the middle of the road.

¶4. Once the vehicle had stopped, Holmes approached the vehicle and identified the driver as Charles Edward Moore. Holmes stated that he could smell a strong odor of alcohol coming from the vehicle and on Moore's breath. When Moore stepped out of the vehicle, he leaned against the side of the vehicle for a few seconds before he stepped to the back of the vehicle. Holmes testified that Moore said he had no disabilities and was not on any medications. Holmes further testified that Moore was swaying, his eyes were bloodshot, and his ...


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