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Jamison v. City of Carthage2/3/2004
DATE OF TRIAL COURT JUDGMENT: 12/4/2002
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
TRIAL COURT DISPOSITION: CITY COURT OF CARTHAGE'S DECISION REGARDING DRIVING WHILE LICENSE SUSPENDED IS AFFIRMED. CITY COURT'S DECISION REGARDING DUI SECOND IS REVERSED AND REMANDED TO CITY COURT FOR SENTENCING.
DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART - 02/03/2004
. Jeffery C. Jamison appeals the order of the Circuit Court of Leake County which affirmed the City Court of Carthage, Mississippi's, convicting Jamison of driving with a suspended licence and reversed and remanded for sentencing on a conviction of driving under the influence first offense, which the city court had initially dismissed. Aggrieved, Jamison asserts the following issues on appeal:
I. THE CIRCUIT COURT ERRED IN GRANTING THE CITY OF CARTHAGE'S PETITION FOR CERTIORARI ON A CRIMINAL MATTER AND CONVICTING JAMISON OF DUI FIRST OFFENSE.
II. THE CIRCUIT COURT'S CONVICTION OF JAMISON AMOUNTS TO DOUBLE JEOPARDY AS JAMISON WAS TRIED AND FOUND NOT GUILTY IN THE MUNICIPAL COURT OF THE CITY OF CARTHAGE.
Finding error, we affirm in part and reverse and render in part.
FACTS
. On April 16, 2002, Jeffery Jamison was traveling through the city of Carthage, Mississippi, when he stopped to get gas. After stopping at a gas station, a Carthage police officer approached Jamison and informed him that he had been speeding. After talking with Jamison, the officer requested that Jamison blow into a portable breath test. Jamison acquiesced and was informed that the test indicated positive for alcohol. The officer took Jamison into custody and had Jamison submit to toxicology testing in order to determine his blood alcohol content. Jamison was placed under arrest and charged with careless driving, driving with a suspended licence, and DUI second offense due to information from the Department of Public Safety that Jamison had been previously convicted of a DUI in Jackson Municipal Court.
. Trial was initially set for May 21, 2002; however, Jamison's counsel had a conflict and requested that trial be reset. The case was heard in the City of Carthage Municipal Court on July 2, 2002. The municipal court chose to bifurcate the trial in order to determine whether Jamison was in fact driving under the influence , and secondly, to determine if he was guilty of DUI second offense. The court initially found that the prosecution had met the burden of proof as to DUI and driving with a suspended licence, but the court found Jamison not guilty of careless driving. However, when the City attempted to introduce evidence regarding Jamison's previous DUI conviction, it was discovered that the Department of Public Safety had received information that Jamison's previous DUI conviction had been set aside.
. Jamison moved to dismiss the charge for DUI second offense, which the court granted. The city prosecutor moved to amend the affidavit and charge Jamison with DUI first offense, and the court denied the prosecutor's motion holding that DUI second offense, was a separate crime and the City could not amend the affidavit after trial because that would be prejudicial to the defendant. The municipal court found Jamison guilty of driving with a suspended licence and not guilty of careless driving.
. The City of Carthage filed a petition for certiorari in the Leake County Circuit Court. The circuit court held a hearing and entered an order granting certiorari. After receiving summaries from both parties, the circuit court reversed the judgment of the municipal court and held that the defendant would not have been prejudiced
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