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Lee v. State4/20/2000
DATE OF JUDGMENT: 11/25/1997
TRIAL JUDGE: HON. SHIRLEY C. BYERS
COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - OTHER
. The underlying charge in this interlocutory appeal is one of first impression in our State. It is a charge of felony murder where the underlying felony is driving while intoxicated as a third offender. At this juncture, however, we are called upon to determine whether a prior conviction for reckless driving, arising out of the same nucleus of facts, presents a bar to this prosecution under the double jeopardy clauses of the Constitutions of the United States or that of the State of Mississippi. We answer that it does not. We affirm the action of the trial court denying dismissal.
I.
. On November 10, 1996, Jason Lee ("Lee") was arrested and charged with DUI (Third Offense); Driving While License Suspended Under Implied Consent Law; and Reckless Driving. On January 13, 1997 Deputy Sheriff Robert Thompson made affidavit in the Justice Court of Sunflower County in order to charge Lee with operation a motor vehicle while intoxicated and causing the death of Derrick Young, and an arrest warrant was issued for the arrest of Lee on the charge of Vehicular Homicide.
. On February 11, 1997, Lee appeared before Judge Burrell, Justice Court Judge, Sunflower County, Mississippi, with counsel, and was bound over to await the action of the grand jury on the charge of vehicular manslaughter. Subsequently, on February 24, 1997, Lee pled guilty to and was convicted of Reckless Driving and Driving While License Suspended. Lee paid his fine that day.
. On April 9, 1997, the Assistant District Attorney presented Lee's case to the Grand Jury of Sunflower County, Mississippi. The Grand Jury returned an indictment against him entitled "INDICTMENT-FELONY MURDER 97-3-19 (1)(c)." The indictment provided in pertinent part: That JASON LEE, on or about the 10th day of November, 1996, in Sunflower death, then and there kill and murder one, Derrick Young, a human being, at a time which JASON LEE was engaged in the commission of the felony crime of third offense driving under the influence of intoxicating liquor when JASON LEE had been previously convicted of driving under the influence of intoxicating liquor on two prior occasions within five years of this offence all in violation of section 97-3-19 (l)(c) of the Mississippi Code of 1972 as amended, against the peace and dignity of the State of Mississippi.
. On May 27, 1997, Lee filed his "Motion to Dismiss" the charge pending against him in the circuit court alleging that his conviction for reckless driving bars a subsequent prosecution for felony murder with the underlying felony being DUI (Third Offense) when the facts and circumstances which were the basis for the reckless driving conviction are the same as that which would provide the basis for a conviction for felony murder in this case. On October 17, 1997, a hearing was held on various pretrial motions filed by Lee. Counsel for Lee requested to be allowed to provide the court with cases concerning the issues raised at the hearing.
. The circuit court's memorandum opinion and order denying the motion to dismiss was entered on November 26, 1997. On January 30, 1998, the court's order granting interlocutory certification was entered. On June 3, 1998, and by order filed in the Supreme Court on June 29, 1998, this Court granted Lee permission to appeal the interlocutory order.
II.
. This case is one of first impression for the appellate courts of Mississippi. Lee is charged with murder under § 97-3-19 (1)(c):
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