Marlene Zernee McCoy v. State of Mississippi

IRVING, P.J.,

for the Court:

¶ 1. Marlene McCoy appealed after a Harrison County jury convicted her of felony driving' under the influence (DUI). We are called Upon to decide whether McCoy was properly indicted for felony DUI and whether the Circuit Court of Harrison County erred in refusing to give McCoy’s theory-of-defense jury instructions.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On October 2, 2012, at around -9:15 p.m., Officer Jason Gruich, with the City of Biloxi Police Department, located a car being driven by a DUI suspect. He initiated a stop and spoke with the suspect, who…