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Jewel v. State1/25/2000
DATE OF JUDGMENT: 11/18/1998
TRIAL JUDGE: HON. JOHN L. HATCHER
COURT FROM WHICH APPEALED:COAHOMA COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: 11/18/1998: COUNT I- FELONY DUI: SENTENCED TO (5) YEARS SHALL NOT BE REDUCED OR SUSPENDED NOR SHALL BE ELIGIBLE FOR PAROLE OR PROBATION. COUNT II- DRIVING WITH A SUSPENDED DRIVER'S LICENSE: SENTENCED TO (1) YEAR SHALL NOT BE REDUCED OR SUSPENDED NOR ELIGIBLE FOR PAROLE OR PROBATION; COUNT II SHALL RUN CONCURRENT TO COUNT I, BUT CONSECUTIVE TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED. COUNT III-FALSE STATEMENTS: SENTENCED TO (6) MONTHS SHALL NOT BE REDUCED OR SUSPENDED NOR SHALL THE DEFENDANT BE ELIGIBLE FOR PAROLE OR PROBATION; COUNT III SHALL RUN CONCURRENT TO THE SENTENCES IMPOSED IN COUNTS I AND II OF THIS CAUSE, BUT CONSECUTIVE TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED.
DISPOSITION: AFFIRMED - 1/25/00
. Curtis Jewel a/k/a Curtis Clay a/k/a Curtis Lee Jewel appears before this Court to appeal his felony DUI conviction in the Coahoma County Circuit Court. During a one day trial by jury conducted on November 18, 1998, Jewel was convicted on three separate counts; Count I charged a felony DUI, Count II alleged driving with a suspended driver's license, and Count III accused him of making false statements to a police officer. Immediately following the bifurcated trial, Jewel was sentenced to serve five years for the felony DUI, one year for driving with a suspended driver's license and six months for making false statements to a police officer. Both parties stipulated that Jewel had been convicted on at least two prior incidents of driving under the influence of intoxicating liquor, thus making him eligible to be sentenced under the habitual offender statute. Under Miss. Code Ann.§ 99-19-81 (Rev. 1994), Jewel qualified as a habitual offender and was sentenced accordingly. The sentence imposed for Count I is to run consecutive to all previously imposed sentences, while sentences imposed in Counts II and III are to run concurrently with the sentence in Count I. Jewel asks this Court for relief based upon the following alleged error at trial:
I. WHETHER THE WEIGHT AND SUFFICIENCY OF THE EVIDENCE PRESENTED AT TRIAL CAN SUPPORT A GUILTY VERDICT FOR COUNT I OF THE INDICTMENT
Believing it can, we affirm.
FACTS
. Jewel was driving to work on November 2, 1998, around 6:00 p.m. He noticed a roadblock a quarter of a mile up the road he was traveling. Jewel immediately turned his yellow Camaro around in the middle of the road and drove in the opposite direction at a high rate of speed, up to seventy-five miles per hour, weaving across lane markers. Two police officers manning the blockade gave chase, eventually catching him. Jewel pulled over, exited the car from the driver's side and spoke with the officers. A quick check through the National Crime Information Center computer revealed that Jewel lied to the officers by giving them the fake name "Freddy Williams"and a fake social security number. Jewel further deceived the police when he told them that he did not have his driver's license with him, when in fact, he had a suspended driver's license and an expired driver's permit in the name "Curtis Clay".
. During their colloquy with Jewel, the officers noticed his eyes were bloodshot, his speech was slurred, and he appeared unsteady on his feet. The police smelled the odor of intoxicating beverages on his breath and in his car. A cursory investigation of the car revealed an empty cup that smelled of alcohol wedged between the driver's side door and driver's seat and a bottle of Crown Royal bour
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