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Lee v. State4/20/2000
b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has ten one-hundredths percent (.10%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or eight one-hundredths percent (.08%) or more for persons who are below the legal age to purchase alcoholic beverages under state law. Miss. Code Ann. § 63-11-30(1) (1996). The statute further states under Miss. Code Ann. § 63-11-30(2)(c), that a third or subsequent conviction of any person under this statute is a felony.
. Miss. Code Ann. § 97-3-19(1)(c) provides that a person is guilty of felony murder when an unlawful killing occurs while the person is engaged in a felony other then those specifically excluded. Felony DUI is not an excluded felony.
. When comparing the reckless driving, DUI, and felony-murder statutes, it can be readily seen that proof of reckless driving is not necessary to prove felony DUI or felony murder.
III.
. Lee's other assignments of error relate to matters which we do not ordinarily consider on interlocutory appeal in criminal cases. De La Beckwith v. State, 615 So.2d 1134, 1138-39 (Miss. 1992). We will not discuss them here.
IV.
. For the foregoing reasons, the lower court's order is affirmed.
. AFFIRMED.
PRATHER, C.J., PITTMAN, P.J., SMITH, MILLS, WALLER AND COBB, JJ., CONCUR. McRAE, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. DIAZ, J., NOT PARTICIPATING.
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