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Holloway v. State12/2/2003
DATE OF TRIAL COURT JUDGMENT: 04/08/2002
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR - SENTENCED TO SERVE A TERM OF FIVE YEARS IN THE CUSTODY OF MDOC.
DISPOSITION: AFFIRMED: 12/2/2003
. Johnny Ray Holloway was convicted of the operation of a motor vehicle while under the influence of intoxicating liquor in Walthall County. He was sentenced to serve a term of five years in the custody of the Mississippi Department of Corrections, ordered to complete alcohol and drug treatment, get a GED, and pay a fine and court costs. Aggrieved by his conviction and sentence, Holloway has appealed and raises the following issue:
Whether the trial court erred in failing to grant Holloway's motion for a judgment notwithstanding the verdict.
FACTS
. Holloway testified that on December 21, 2001, at approximately 9:00 p.m., he drove to a club in Hakley, Louisiana. He indicated that he drank one sixteen-ounce beer and at 9:30 p.m., decided to return to his home in Foxworth, Mississippi. According to Holloway, while driving home near Dexter, he heard a popping noise and pulled to the side of the road, where the vehicle just shut down. Holloway stated that the power went off and he steered the vehicle out of the road. According to Holloway, his cell phone would not work in that area, so after moving the vehicle, he moved to the passenger side and lay on the front seat.
. Deputy Sheriff Norman Goleman of the Walthall County Sheriff's Department testified that he received a call on December 22, 2001, between midnight and 1:00 a.m., regarding a vehicle on Highway 48 East of Dexter, which may have been broken down. Upon arriving at that location, Goleman and Deputy Randy Boyd saw a vehicle parked just across the bridge, on the highway in the eastbound lane, with its lights off.
. Goleman went to the driver's side of the vehicle and saw a male (Holloway) asleep behind the steering wheel of the vehicle. He tapped on the window until Holloway responded and then asked him to exit the vehicle. Goleman asked for Holloway's driver's license, Holloway said he did not have it with him. Goleman then asked for Holloway's driver's license number or his social security number. A check of the number given by Holloway showed that the license was suspended. Goleman indicated that he smelled the odor of alcohol emanating from Holloway's breath as he inquired about the driver's license number. At this time, Goleman noted that Holloway's speech was slurred as well.
. Goleman testified that Holloway was kind of swaying as he was questioned about his driver's license and why his car was parked in the road. Holloway indicated that he heard something pop on his vehicle and just stopped in the road. When asked by Goleman why he did not coast to the shoulder of the road, Holloway offered no response. When Holloway exited the vehicle, Goleman noticed that Holloway's eyes were dilated and glassy. After questioning Holloway, Goleman placed him under arrest for "driving under a suspended license."
. Goleman did not attempt to start Holloway's vehicle and was thus unable to state whether it was in working condition. Following standard procedure, a tow truck was called to pick up the vehicle.
. Goleman took Holloway to the sheriff's office. En route to the sheriff's office, Holloway fell asleep. After arriving at the sheriff's office, Holloway was advised of his rights, and then consented to take the intoxilyzer test. The results indicated that Holloway had a blood alcohol content of .125.
IS
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