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Briggs v. State6/22/1999
er argument." The trial court sustained the objection and correctly observed that, "There's nothing in the record to support that, Mr. [Prosecutor]." Defense counsel did not move for a mistrial. Neither did he ask that the jury be admonished to disregard the evidence. The trial court must be offered the opportunity to deal with the seriousness of such prejudicial argument through a timely mistrial motion before the matter can be raised on appeal. Stevenson v. State, 244 So. 2d 30, 33-34 (Miss. 1971).
This Court is procedurally barred from making a determination of whether that argument was so prejudicial as to require reversal of Briggs's conviction.
. THE JUDGMENT OF THE CIRCUIT COURT OF SIMPSON COUNTY OF CONVICTION OF FELONY DUI - THIRD OFFENSE AND SENTENCE OF THREE YEARS WITH FIFTEEN MONTHS TO SERVE AND TWENTY-ONE MONTHS SUSPENDED WITH PROBATION IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING AND SOUTHWICK, P.JJ., BRIDGES, COLEMAN, DIAZ, IRVING, LEE, PAYNE, AND THOMAS, JJ., CONCUR.
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