JASON RON BROOKS A/K/A JASON R. BROOKS A/K/A JASON BROOKS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 03/08/2018
CHOCTAW COUNTY CIRCUIT COURT HON. GEORGE M. MITCHELL JR.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
W. DANIEL HINCHCLIFF
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LAURA TEDDER SHARP
DISTRICT ATTORNEY: DOUG EVANS
J. WILSON, P.J., McDONALD AND McCARTY, JJ.
Jason Ron Brooks was convicted of aggravated driving under
the influence and sentenced to serve ten years in the custody
of the Mississippi Department of Corrections (MDOC). Finding
no arguable issue on appeal, Brooks's appellate counsel
filed a brief pursuant to Lindsey v. State, 939
So.2d 743 (Miss. 2005). Brooks was given additional time to
file a supplemental brief but did not. After an independent
review of the record and the briefs, we conclude that there
are no reversible issues and affirm Brooks's conviction
Jason Ron Brooks was driving under the influence when he
struck Marion McCullock's car, causing it to roll
multiple times. As a result, McCullock was severely injured
with multiple shattered and fractured bones, lacerations, and
a concussion. Her doctor testified that McCullock was
"permanently altered" due to her injuries.
Security-camera footage captured the wreck, of which a
ten-second clip was shown to the jury. At a pre-trial
hearing, Brooks sought to suppress the video evidence or, in
the alternative, present the video in its entirety. The
motion to suppress was denied, and Brooks was granted
permission to show the video in mitigation, which he declined
There was another motion hearing on the admissibility of the
intoxilyzer test. Brooks challenged the validity of the
results, arguing that the administering officer did not
comply with the requisite twenty-minute observation period.
After hearing testimony from the officer and watching footage
from his body camera, the trial court found that the
intoxilyzer test was properly administered.
Brooks also sought to suppress any statements made while he
was in custody and being questioned. At the hearing on the
motion, Brooks's father testified that Brooks never
received his Miranda rights. However, the arresting
officer testified that he had informed Brooks of his rights.
After watching video footage from the officer's body
camera and listening to the testimony presented, the trial
court found the officer properly administered
After his conviction and sentence, Brooks filed a motion for
a judgment notwithstanding the verdict and an alternative