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Bailey v. State11/26/1997
) years, such person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned not less than one (1) year nor more than five (5) years in the State Penitentiary. Miss. Code Ann. § 63-11-30 (Supp. 1996) (emphasis added).
. Although a general review of the law on nolo contendere is helpful, there is no Mississippi law on the question of whether judgments of guilty following nolo contendere pleas to DUI charges may be used to enhance punishment on a subsequent DUI charge.
. Black's Law Dictionary defines the term "nolo contendere" as "the Latin phrase meaning 'I will not contest it' . . . ." Black's Law Dictionary 1048 (6th Ed. 1990). American Jurisprudence discusses the term "nolo contendere" as follows: "it is difficult to define the exact nature of a plea of nolo contendere, but regardless of the label attached, it seems that for practical purposes a plea of nolo contendere is a plea of guilty or the equivalent thereof." 21 American Jurisprudence 2d Criminal Law § 492 (footnotes omitted) (emphasis added).
. Bailey argues that the use of his prior nolo contendere pleas to enhance his punishment in this case would violate established Mississippi caselaw. Clearly, Mississippi law prohibits the admission of a plea of nolo contendere in a related civil action or for purposes of impeachment. Keyes v. State, 312 So. 2d 7 (Miss. 1975); Bruno v. Cook, 224 So. 2d 567 (Miss. 1969); Williams v. State, 94 So. 882 (Miss. 1922); Chester v. State, 65 So. 510 (Miss. 1914). Furthermore, M.R.E. 410 prohibits the admission of a plea of nolo contendere in any subsequent criminal or civil action. However, these cases and this evidentiary rule do not address the use of a conviction based upon a plea of nolo contendere for purposes of sentence enhancement.
. Furthermore, this Court discussed the ramifications of a conviction based upon a plea of nolo contendere in City of Corinth v. Cox, 565 So. 2d 1142 (Miss. 1990). In Corinth, the question was: whether a firefighter who pled nolo contendere and was convicted on charges of selling drugs had committed misconduct such that he was disqualified from receiving unemployment benefits. This Court ultimately answered that question affirmatively, and discussed the implications of a nolo contendere plea, as follows:
According to Black's Law Dictionary 945 (5th ed. 1979) "nolo contendere" is defined as follows:
plea in a criminal case which has a similar legal effect as pleading guilty. Hudson v. U.S., 272 U.S. 451, 455, 47 S.Ct. 127, 129, 71 L.Ed. 347 . Type of plea which may be entered with leave of court to a criminal complaint or indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it. The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based upon the same acts. [Emphasis added]
In Fidelity-Phenix Fire Ins. Co. of New York v. Murphy, 166 So. 604 (Ala.1936), the Supreme Court of Alabama stated:
[The plea of nolo contendere] is allowable only upon leave and acceptance of the court, and when accepted becomes an implied confession of guilt for the purpose of that case. [Emphasis added] Id. at 609. Corinth, 565 So. 2d at 1143-44.
. Thus, Mississippi caselaw prohibits the admission of nolo contendere plea in some contexts, and allows the consideration of the nolo contendere plea in at least one context. In addition, it is noteworthy that the Mississippi statutes for many professions provide for disciplinary ac
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