Smith v. State

¶ 29. I find reversible error in the failure of the State to prove an essential element of felony DUI; therefore, I respectfully dissent from the majority’s opinion. In its appellate brief, the State cites to Smith v. State, 950 So.2d 1056 (Miss.Ct.App.2007) for the proposition that both prior offenses for felony DUI had to have been committed within five years of the current offense. However, the State’s cite to Smith reveals a different defect in the evidence presented than that argued by the defense — lack of the offense date in one of the supporting documents. Smith notes that Mississippi…