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Clark v. City of Aberdeen8/8/2000
as the case, why was the clerk's signature not on the violator's copy. The attorney conducting the cross-examination asserted that Officer Perkins simply signed the ticket package, but did not swear to it in front of the clerk. Officer Perkins testified that he did in fact swear to the ticket and that if the clerk's signature was not on the violator's copy, it must not have gone all the way through the other three carbon copies so as to show up on the violator's copy.
. Upon Clark's motion to dismiss on the basis of a defective affidavit, the court denied the motion finding that the affidavit was properly sworn to. At the conclusion of the trial, the court found Clark guilty of driving while under the influence.
LAW AND ANALYSIS
I. DID THE LOWER COURT COMMIT REVERSIBLE ERROR FOR FAILING TO GRANT APPELLANT'S MOTION TO DISMISS DUE TO THE ALLEGATION THAT THE CITY FAILED TO CHARGE APPELLANT BY PROPER AFFIDAVIT AS REQUIRED BY LAW?
. Appellant Clark argues that the affidavit in question was not properly sworn to, therefore making the affidavit defective. Clark claims that due to the alleged defective affidavit, the circuit court had no jurisdiction; therefore, the circuit court committed reversible error in failing to grant his motion to dismiss. We do not agree with Clark's contentions and hereby affirm.
. After all the testimony concerning the affidavit was presented, Clark made his motion to dismiss. The circuit judge based his decision to deny the motion ultimately on his findings of fact. After a review of the documents and Officer Perkins's testimony, the circuit court judge determined that "the affidavit in this case was in fact sworn to on the16th day of August, 1997." Clark refutes this finding of fact.
. The officer's copy of the ticket contained Officer Perkins's signature as well as the signature of the clerk, Lottie Galdney, on the affidavit portion. However, Clark's carbon copy of the ticket, the violator's copy, only contained Officer Perkins's signature, which was identical to the signature on the officer's carbon copy, but lacked the clerk's signature. In making his argument, Clark makes note of these facts and from these facts alone, asserts that Officer Perkins could not have followed the "normal procedure" as to signing and swearing to such tickets in front of the clerk. Clark states that the only explanation for the discrepancy in the two copies of the ticket is that Officer Perkins did not actually swear to the ticket; therefore, the affidavit was improper. After reviewing all the facts, the circuit court did not agree with this argument, and this Court affirms that finding.
. On appeal, this Court has a particular standard of review that it must apply when reviewing findings of fact made by a trial judge sitting without a jury. These such findings "may not be disturbed or set aside on appeal unless manifestly wrong." Dungan v. Dick Moore, Inc., 463 So. 2d 1094, 1100 (Miss. 1985). In further explanation of this standard, these findings may not be upset here on appeal "provided there is in the trial record substantial supporting evidence. It matters not that on the same proof we as trial judges might have found otherwise." Id. At present, there were documents revealing facts about this case, as well as Officer Perkins's testimony concerning the affidavit. "A trial judge, sitting as the trier of fact, is solely authorized to determine witness credibility." Merchants Acceptance, Inc. v. Jamison, 752 So. 2d 422, 426 ( ) (Miss. 1999).
. The officer's copy of the ticket that was presented to the trial judge displayed the signature of the clerk, Lottie Gladney, signifying the affidavit. Officer Per
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