Jeremy Frazier v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-KM-01201-COA
JEREMY FRAZIER
v.
STATE OF MISSISSIPPI
APPELLANT
APPELLEE
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
06/02/2000
HON. W. ASHLEY HINES
WASHINGTON COUNTY CIRCUIT COURT
JAMES MITCHEL CREEL
OFFICE OF THE ATTORNEY GENERAL
BY: JEAN SMITH VAUGHAN
FRANK CARLTON
CRIMINAL - MISDEMEANOR
DRIVING UNDER THE INFLUENCE (2ND OFFENSE) GIVEN 20 DAYS TO BE INCARCERATED IN THE
WASHINGTON COUNTY JAIL AND PAY A FINE OF
$700.
AFFIRMED AND REMANDED - 05/28/2002
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
6/18/2002
BEFORE KING, P.J., BRIDGES, AND CHANDLER, JJ.
BRIDGES, J., FOR THE COURT:
¶1. Frazier was convicted of a second offense DUI in the Washington County Justice Court. Frazier
appealed to the Washington County Court, received a trial de novo, was convicted and sentenced to
twenty days in county jail. Frazier appealed to the Washington County Circuit Court, which affirmed the
county court's judgment. The circuit court allowed Frazier's appeal pursuant to Mississippi Code Annotated
Section 11-51-81 (Rev. 2000), and Frazier perfected his appeal to this Court in a timely fashion.
STATEMENT OF THE ISSUE
WAS FRAZIER ENTITLED TO A JURY TRIAL ON THE CHARGE OF SECOND DUI
OFFENSE?
FACTS
¶2. Jeremy Frazier, a minor, was arrested on November 18, 1998, for driving under the influence by
deputies of the Washington County Sheriff's Department.
ANALYSIS
¶3. The Constitution of the United States guarantee's a jury trial to all persons charged with a "serious
offense." A serious offense is one for which the defendant could be sentenced to more than six months in jail
for committing. Blanton v. North Las Vegas, 489 U.S. 538, 542-3 (1989). In Mississippi, a defendant
charged with a second offense DUI is entitled a jury trial, since the maximum sentence is one year's
imprisonment. Harkins v. State, 735 So. 2d 317, 317-9 (¶2-3) (Miss. 1999). But Frazier's assignment of
error must fail because the he does not preserve his request for a jury trial in the record. It is the appellant's
responsibility to assemble a complete record of proceedings, and failure to provide a record will invalidate
an appeal.
¶4. However, Frazier was a minor at the time of the offense; consequently, he should have been sentenced
under Mississippi Code Annotated Section 63-11-30 (3) (c) (Rev. 2000), instead of Mississippi Code
Annotated Section 63-11-30 (2) (b) (Rev. 2000) as he was sentenced. This constitutes plain error, and
while this court affirms Frazier's conviction, we remand for re-sentencing in accordance with this opinion.
¶5. THE JUDGMENT OF THE CIRCUIT COURT OF WASHINGTON COUNTY OF
CONVICTION OF DRIVING UNDER THE INFLUENCE (SECOND OFFENSE) AND
SENTENCE OF TWENTY DAYS IN THE WASHINGTON COUNTY JAIL AND FINE OF
$700 IS AFFIRMED AND REMANDED TO THE CIRCUIT COURT OF WASHINGTON
COUNTY FOR RESENTENCING IN ACCORDANCE WITH THIS OPINION. ALL COSTS
OF THIS APPEAL ARE ASSESSED TO WASHINGTON COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
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