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Conn v. State6/22/1999
DATE OF JUDGMENT: 08/27/1998
TRIAL JUDGE: HON. GEORGE B. READY
COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: 05/15/1998: DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR (DUI): SENTENCED TO SERVE A TERM OF (5) YEARS IN THE MDOC WITH THE LAST (4-1/2) YEARS SUSPENDED PENDING DEFENDANT'S FUTURE GOOD BEHAVIOR. DEFENDANT SHALL PAY A FINE IN THE AMOUNT OF $1000 AND ALL COSTS OF COURT. PAY WITHIN 12 MONTHS OF RELEASE.
DISPOSITION: AFFIRMED - 6/22/99
1. Lonnie Lloyd Conn was convicted of felony driving under the influence of alcohol and sentenced to serve a term of five years with four years and six months suspended in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction and sentence, Conn has appealed and assigned two errors. This Court quotes these errors verbatim:
"I. THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE THE PRIOR CONVICTION OF THE DEFENDANT DATED JANUARY 25, 1995, WHERE THE DEFENDANT WAS NOT REPRESENTED BY COUNSEL AND DID NOT KNOWINGLY WAIVE HIS RIGHT TO COUNSEL. "II. THE VERDICT OF THE JURY WAS CONTRARY TO THE OVERWHELMING WEIGHT OF THE EVIDENCE."
. Finding no error, this Court affirms the circuit court judgment.
FACTS
. On June 22, 1997, several patrol units of the Horn Lake Police Department were dispatched to a domestic violence call at Conn's residence. As Lieutenant Lynn Brown of the Horn Lake Police Department approached the residence in his patrol car, Conn drove his car past the officer. Lieutenant Brown turned his car around and activated his blue lights.
. Noticing the officer's lights, Conn stopped his car. Both men exited their vehicles. According to Lieutenant Brown, as Conn walked toward him, a twelve ounce can of beer fell from Conn's vehicle to the ground. Lieutenant Brown stated to Conn that he knew his license was suspended. Conn responded that he was aware that he was not supposed to be driving with a suspended license and that he had had too much to drink. Lieutenant Brown noticed that Conn staggered as he walked and had a strong odor of alcohol and slurred speech.
. Lieutenant Brown took Conn into custody and transported him to the Horn Lake Police Department. While at the police station, Conn refused to take the intoxilizer breath test. He was thereafter charged with his third offense of driving under the influence of intoxicants.
. Conn was subsequently indicted for felony driving under the influence . A trial was held, and the jury convicted him. Conn's motion for judgment notwithstanding the verdict and new trial was denied. He now appeals his conviction and sentence.
ISSUES
I. THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE THE PRIOR CONVICTION OF THE DEFENDANT DATED JANUARY 25, 1995, WHERE THE DEFENDANT WAS NOT REPRESENTED BY COUNSEL AND DID NOT KNOWINGLY WAIVE HIS RIGHT TO COUNSEL.
. Conn contends that the State failed to establish that his DUI conviction which occurred on January 25, 1995 was obtained "in a manner whereby his constitutional rights were preserved and should not have been considered by the trial court for enhancement purposes because he was not represented by counsel and did not knowingly waive his right to counsel."
Law
. The procedure for enhancing a misdemeanor conviction of driving under the influence of intoxicants to a felony conviction involves determining whether the defendant was represented by counsel or waived his right to counsel in the prior misdemeanor convictions. Sheffield v. City
Page 1 2 3 Mississippi DUI Attorneys
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