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Campbell v. State

Court of Appeals of Mississippi

May 19, 2015

TERRANCE RICHARD CAMPBELL A/K/A TERRANCE CAMPBELL A/K/A TERRENCE CAMPBELL A/K/A TERRENCE R. CAMPBELL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/26/2014. TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR. TRIAL COURT DISPOSITION: CONVICTED OF FELONY DRIVING UNDER THE INFLUENCE AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: W. DANIEL HINCHCLIFF.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LAURA HOGAN TEDDER.

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

OPINION

Page 520

NATURE OF THE CASE: CRIMINAL - FELONY

FAIR, J.

[¶1] A Harrison County jury found Terrance Richard Campbell guilty of driving under the influence (DUI). The court sentenced Campbell to five years in the Mississippi Department of Corrections' custody. On appeal, Campbell argues that the jury's general verdict is reversible error because it did not specify whether the jury found him guilty of " common law" DUI and/or " per se" DUI. Finding no error, we affirm Campbell's conviction and sentence.

FACTS

[¶2] On September 27, 2012, Deputy Pablo De La Cruz responded to a domestic-violence call. He arrived on scene and spoke with the woman involved. She said she was fighting with Campbell, and he left. While Deputy De La Cruz was at the scene, Campbell returned in a black Nissan Maxima. Deputy De La Cruz tried to wave him down, but he refused to stop. He drove across a ditch and into a yard. Deputy De La Cruz testified that Campbell was belligerent. He had red eyes and slurred speech, and he smelled of alcohol. The deputy asked Campbell to exit his car, but he was uncooperative.

[¶3] Deputy Caleb Mitchell of the DUI unit responded to the scene. He, too, noticed Campbell had lowered inhibitions and smelled of alcohol. When he offered Campbell a field sobriety test, he refused and asked to go to jail. Mitchell testified that Campbell was upset and used profanity. After Deputy Mitchell arrested Campbell, he discovered that Campbell had two previous DUI convictions within the last two years. So he obtained a warrant to have Campbell's blood-alcohol content (BAC) tested at Garden Park Hospital. Deputy Mitchell logged the DUI kit at the sheriff's office. Duriel McKinsey, a forensic toxicologist, testified that he examined the kit and found it to be in good condition. After testing, Campbell's BAC was determined to be .14%.

[¶4] A grand jury indicted Campbell on two counts. Count I of his indictment

Page 521

charged him with a violation of Mississippi Code Annotated section 63-11-30(1)(a) (Supp. 2014), or " common-law DUI." [1] Count II charged him with violating section 63-11-30(1)(c), referred to as " per-se DUI." [2] At trial, the ...


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