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Foster v. State

Court of Appeals of Mississippi

December 11, 2018

MARCUS ROMMEL FOSTER A/K/A MARCUS FOSTER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/25/2017

          CHICKASAW COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT, HON. JOHN ANDREW GREGORY JUDGE.

          ATTORNEY FOR APPELLANT: MARCUS ROMMEL FOSTER (PRO SE).

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

          DISTRICT ATTORNEY: BEN CREEKMORE.

          BEFORE IRVING, P.J., GREENLEE AND TINDELL, JJ.

          GREENLEE, J.

         ¶1. Following a trial de novo, the Chickasaw County Circuit Court found Marcus Rommel Foster guilty of speeding, driving eighty-two miles per hour in a sixty-five miles-per-hour zone, and sentenced him to pay a fine of $200 plus court costs. We affirm.

         PROCEDURAL BACKGROUND

         ¶2. Foster was charged with speeding on July 19, 2015. On October 14, 2015, the Chickasaw County Justice Court convicted him of speeding. Foster appealed to the Chickasaw County Circuit Court, which held a trial de novo on October 3, 2017. Following trial, the court found Foster guilty of speeding and fined him $200 plus court costs. Foster timely appealed.

         FACTS

         ¶3. At approximately 2 p.m. on July 19, 2015, Mississippi Highway Safety Patrol Officer Matthew Eller observed Foster's vehicle traveling southbound on Highway 45, in Chickasaw County, Mississippi. Officer Eller's radar indicated that Foster's vehicle was traveling in excess of the sixty-five miles-per-hour speed limit at rate of eighty-two miles per hour. Officer Eller proceeded to stop Foster's vehicle and issued Foster a speeding citation. During trial, Officer Eller testified that he received appropriate training to use his radar detector and that he had properly calibrated it on the day he stopped Foster.

         DISCUSSION

         ¶4. Although unclear, Foster's various arguments on appeal are seemingly premised on his claim that the State failed to prove he committed the crime of speeding. Foster also claims ...


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