Bonds v. State

72 So. 3d 533, 2011 Miss. App. LEXIS 590, 2011 WL 5027166
CourtCourt of Appeals of Mississippi
DecidedSeptember 27, 2011
DocketNo. 2010-KM-01371-COA
StatusPublished

This text of 72 So. 3d 533 (Bonds v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bonds v. State, 72 So. 3d 533, 2011 Miss. App. LEXIS 590, 2011 WL 5027166 (Mich. Ct. App. 2011).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. In the early morning hours on January 1, 2010, Mississippi Highway Patrol Trooper Chris White issued Jimmy Bonds five driving citations. The citations were issued for the following reasons: a seatbelt violation, careless driving, failure to dim headlights, improper tag, and driving under the influence (DUI). Bonds’s first hearing occurred on March 16, 2010, in the Prentiss County Justice Court. He was convicted of first offense DUI. Bonds appealed his DUI conviction to the Prentiss County Circuit Court. At the de novo hearing on June 21, 2010, the circuit court found Bonds guilty of DUI first offense. Bonds now appeals.

FACTS AND PROCEDURAL HISTORY

¶ 2. This appeal stems from a traffic stop that occurred at 3:00 a.m. on January 1, 2010. While traveling south on Highway 45 that morning, Trooper White encountered a vehicle driving north; the driver of the vehicle failed to dim the headlights when passing him. Trooper White turned to follow the vehicle, and after following the vehicle for approximately half a mile and witnessing it weave on the highway, he proceeded to stop the vehicle. Bonds, the driver of the vehicle, complied and pulled his vehicle to the side of the highway. Trooper White later testified that upon speaking with Bonds, he noted that Bonds was unsteady; had slurred speech; red, bloodshot eyes; and his breath smelled of alcohol. Trooper White inquired as to where Bonds had been and if he had been drinking; Bonds replied that he had been at Bushwhackers down in Baldwyn, Mississippi, where he had consumed approximately five or six drinks. Trooper White administered a portable Breathalyzer test to Bonds; the results [535]*535showed that Bonds had an intoxicating beverage in his system.

¶ 3. Based on this result and his observation of Bonds’s driving and behavior, Trooper White issued Bonds five citations. He received a citation for a seatbelt violation, careless driving, failure to dim headlights, and improper tag. He was also issued a citation for a first-offense DUI. The DUI citation showed checkmarks in two separate boxes. One box indicated that Bonds was in violation for being “under the influence of an intoxicating liquor.” The second box indicated that Bonds had “an alcohol concentration of eight one-hun-dreths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, to wit _” Trooper White later filled in the blank with Bond’s Breathalyzer test of “,12%.” Bonds was transported to the Prentiss County Jail where he submitted to taking two Breathalyzer tests. The first test read .128. The second test read .134. He was held in the Prentiss County Jail until he was released on bond at approximately 7:30 a.m. on January 1, 2010.

¶ 4. A hearing was held in the justice court on March 16, 2010, and it resulted in a DUI first offense conviction of Bonds. He appealed his DUI first offense conviction to the circuit court; and on June 21, 2010, the circuit court conducted a de novo trial on the conviction. At the hearing, Bonds, through his attorney, moved to have the DUI charge dismissed based on an invalid affidavit because the citation was not timely filed. The circuit judge denied the motion. Trooper White was then subjected to examination by both sides. After Trooper White’s testimony, the State rested its case, and Bonds moved for a directed verdict on several grounds. He first argued that, at the hearing, Trooper White failed to identify Bonds as the man who drove the vehicle and was sitting as the defendant in the courtroom. He next argued that the State never offered any evidence as to the location of the offense, specifically that it was in Prentiss County1 Mississippi thus, the circuit court was without proper jurisdiction. Third, he argued that Trooper White had no authority to administer the Breathalyzer tests, so the results of the tests were invalid. Lastly, he again argued that the DUI charge should be dismissed because the citation was not filed timely. The circuit judge overruled Bonds’s motion and found him guilty of first-offense DUI based on common-law DUI elements. The circuit judge imposed a $250 fine. Bonds was also sentenced to complete the MASEP program.

¶ 5. Feeling aggrieved, Bonds perfected his appeal on August 16, 2010. On appeal, he raises the following two issues, which we recite verbatim:

I. Whether the State must prove that the alleged offense occurred in Pren-tiss County, Mississippi in order to invoke the jurisdiction of, and establish venue in, the justice and circuit courts of Prentiss County, Mississippi.
II. Whether the citation must conform to the requirements of the Uniform Traffic Ticket Law in order to be a valid sworn affidavit.

STANDARD OF REVIEW

¶ 6. A motion for a directed verdict challenges the sufficiency of the evidence; therefore, on appeal, “the critical inquiry is whether the evidence shows ‘beyond a reasonable doubt that accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.’ ” Jones v. State, 904 So.2d 149, 153 (¶ 12) (Miss.2005) (quoting Carr v. State, 208 So.2d 886, 889 [536]*536(Miss.1968)). “In analyzing the sufficiency of the evidence, ‘[t]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” Barfield v. State, 22 So.3d 1175, 1185 (¶ 34) (quoting Jones v. State, 904 So.2d 149, 153-54 (¶ 12) (Miss.2005)).

ANALYSIS

I. Proof of Venue

¶ 7. Bonds first argues that the circuit court erred by denying his motion for a directed verdict on the issue that the State failed to affirmatively establish venue or “rule out any other ‘reasonable theory.’ ” To support his argument, Bonds relies on the Mississippi Supreme Court ease Kitchens v. State, 186 Miss. 443, 191 So. 116 (1939). In Kitchens, the supreme court reversed Robert Kitchens’s conviction of driving a car while in a state of intoxication because the State failed to prove where the incident occurred and did not establish venue because “the only proof offered by the State was that the appellant was drunk when he drove his automobile up to the home of the chief prosecuting witness, and that this witness lived ‘about two miles below Star, off of 49 Highway on the road known as the Stewart and Ella Ross road, in District No. 1 of Rankin County.’ ” Id. at 117. The supreme court further stated that the State failed to offer proof that the offense was committed in Mississippi and “what distance the witness lived from where the trial was being conducted.... ” Id. While recognizing the supreme court’s concern in liberally permitting judicial knowledge of places and locations to establish venue as discussed in Kitchens, we find that the evidence presented in the current case rises above what was presented in Kitchens and is sufficient to support the circuit judge’s decision that venue had been proven and that the motion for a directed verdict was properly denied. We find the case of Bearden v. State, 662 So.2d 620 (Miss.1995), which is relied upon by the State, is more on point. In Bearden,

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Related

Barfield v. State
22 So. 3d 1175 (Mississippi Supreme Court, 2009)
Bearden v. State
662 So. 2d 620 (Mississippi Supreme Court, 1995)
Jones v. State
904 So. 2d 149 (Mississippi Supreme Court, 2005)
Carr v. State
208 So. 2d 886 (Mississippi Supreme Court, 1968)
Kitchens v. State
191 So. 116 (Mississippi Supreme Court, 1939)
Wildmon v. City of Booneville
980 So. 2d 304 (Court of Appeals of Mississippi, 2007)

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Bluebook (online)
72 So. 3d 533, 2011 Miss. App. LEXIS 590, 2011 WL 5027166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonds-v-state-missctapp-2011.