State v. Fox

This case is before this Court upon appeal of a final order of the Circuit Court of Harrison County entered on October 9,1997. The appellant, James A. Fox, was convicted by a jury of third offense driving under the influence [hereinafter “DUI”]. In this appeal, the appellant contends that the circuit court erred by refusing to bifurcate the issue of guilt on this offense from the issue of whether he had previously been convicted of DUI. Essentially, the appellant argues that prior DUI convictions are not elements of third offense DUI and should only be considered for sentencing enhancement…