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Stamper v. State3/24/1998
er test. Stamper registered in excess of.10% and was therefore arrested for DUI. For the reasons stated above, we find no merit in this issue.
IV. DID THE TRIAL JUDGE ABUSE HIS JUDICIAL DISCRETION WHEN HE DENIED STAMPER'S REQUEST TO BIFURCATE HIS TRIAL ON THE ISSUES OF GUILT AND PUNISHMENT?
Stamper moved for a bifurcated trial which would keep out of evidence his two prior DUI's. The Judge overruled the motion basing his decision on the fact that the two prior offenses are both essential elements of a third offense felony DUI. A 1997 case makes clear that in order to meet its burden of proof for a conviction for a felony DUI, the State must prove the two prior convictions. Weaver v. State, No. 95-KA-01034-SCT, 1997 WL703057, at *7 (Miss. Nov. 13, 1997). Although this case was not published at the time of this trial, the case explains the law which was in effect at the time of the trial and is still in effect today. We, therefore, hold that the trial Judge was not in error when he refused to bifurcate Stamper's trial. We affirm.
THE JUDGMENT OF THE LAUDERDALE COUNTY CIRCUIT COURT OF CONVICTION OF FELONY DUI AND SENTENCE TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FOUR AND ONE-HALF YEARS SUSPENDED, FIVE YEARS PROBATION, FINE OF $5000, AND SUSPENSION OF DRIVING LICENSE FOR FIVE YEARS IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
BRIDGES, C.J., McMILLIN AND THOMAS, P.JJ., COLEMAN, HERRING, HINKEBEIN, KING, PAYNE, AND SOUTHWICK, JJ., CONCUR.
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