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Terrell v. State

Court of Appeals of Mississippi

November 18, 2014

D'ANDRE TERRELL A/K/A D'ANDRE M. TERRELL A/K/A DANDRE MARSHAUND TERRELL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 05/20/2013.

COURT FROM WHICH APPEALED: COPIAH COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. LAMAR PICKARD. TRIAL COURT DISPOSITION: CONVICTED OF DRIVING UNDER THE INFLUENCE, FIRST OFFENSE, AND SENTENCED TO PAY A $500 FINE.

FOR APPELLANT: JEFFREY A. VARAS.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.

BEFORE IRVING, P.J., FAIR 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

Page 278

IRVING, P.J.

¶1. D'Andre Terrell was convicted of driving under the influence (DUI) in the Justice Court of Copiah County, and he appealed to the Copiah County Circuit Court for a trial de novo that resulted in him also being found guilty of DUI. Terrell now appeals, arguing that (1) the circuit court erred in denying his motion for a directed verdict, and (2) the evidence was insufficient to support his conviction.

¶2. Finding no error, we affirm.

FACTS

¶3. On November 10, 2012, Terrell was charged with DUI after he stopped at a driver's license checkpoint set up by Mississippi highway patrolmen Craig Morgan and Timothy Fuller. During trial in the circuit court, Trooper Morgan testified that Terrell drove towards the checkpoint as Trooper Morgan and Trooper Fuller were setting up. Trooper Morgan could not recall whether he had activated his blue lights before Terrell approached the checkpoint. Trooper Morgan stated that when Terrell approached, he noticed that Terrell's pupils were dilated, that his eyes were red, and that he was somewhat argumentative. Trooper Morgan also smelled alcohol on Terrell's breath. Trooper Morgan testified that he checked Terrell's driver's license, which was valid. Trooper Morgan then asked Terrell to exit Terrell's vehicle so that Trooper Morgan could administer an initial portable breath test (PBT), which yielded positive results. Trooper Morgan stated that upon Terrell exiting his vehicle, Terrell had to lean on Terrell's car for support. Trooper Morgan asked Terrell if he had been drinking, and according to Trooper Morgan, Terrell indicated that it was his birthday. Trooper Morgan also observed a marijuana cigarette in Terrell's vehicle. Trooper Morgan then administered a second PBT, which also yielded positive results. Trooper Morgan could not recall whether he asked Terrell to undergo any field sobriety tests.

¶4. Trooper Morgan testified that he transported Terrell to the Copiah County Sheriff's Department to administer a breath test to determine Terrell's breath-alcohol-concentration (BAC) level. Trooper Morgan was not able to get any BAC-test results in two attempts. During the first attempt, a frequency from a cell phone or some other device went ...


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