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Mason v. State11/6/2001
y reflect any evidentiary basis that prior convictions were ever formally put into evidence. Therefore, there is nothing in the record to support sentencing Mason as a DUI second time offender. We hold that the trial court's judgment should be reversed as to its finding Mason guilty of a DUI second offense and that this case should be remanded with instructions for sentencing as a first offender misdemeanor DUI.
. THE JUDGMENT OF THE DESOTO COUNTY CIRCUIT COURT OF CONVICTION OF DUI IS AFFIRMED. THE SENTENCE AS A SECOND TIME OFFENDER IS REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION. ALL COSTS OF THIS APPEAL ARE ASSESSED TO DESOTO COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR. MYERS, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
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