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Cannon v. State6/22/2004
ill result in an unconscionable injustice." Ford v. State, 753 So.2d 489( 8)(Miss.Ct.App.1999).
17. Looking, as we must, at all evidence in a light most consistent with the jury verdict, there is little in the record to support a guilty verdict in this case. No results were obtained from the Intoxilyzer 5000 tests administered at the sheriff's office. Cannon's speech was variously described as normal and only slightly slurred. The officers' testimony also included the ambiguous observations that his eyes were bloodshot and he smelled of alcohol. Despite the circuit court's ruling on Cannon's motion in limine, the jury further heard Officer Crenshaw's testimony about the results of the portable breath test given at the time of the traffic stop, erroneously admitted without a specific limiting or cautionary instruction.
18. There is, however, substantial evidence contrary to the State's case. Cannon denied drinking on the evening in question; indeed, he seemed acutely aware of the ramifications of mixing alcohol with the various prescription medications he was taking. Evidence was introduced that Cannon suffered from diabetes and other serious health problems. He had left his house to get orange juice and honey, which his doctor recommended when his glucose levels were too low. His physician testified that the symptoms of a sudden change in glucose levels in a diabetic can be mistaken for intoxication.
19. We certainly do not condone Cannon's driving record. However, given the erroneous admission of evidence barred by the motion in limine and the limited evidence supporting the jury's verdict, we find that to allow the verdict to stand would be an unconscionable miscarriage of justice. Accordingly, we reverse and remand to the circuit court for proceedings consistent with this opinion.
20. THE JUDGMENT OF THE CIRCUIT COURT OF WEBSTER COUNTY IS REVERSED AND REMANDED. COSTS OF THIS APPEAL ARE ASSESSED TO WEBSTER COUNTY.
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