Nelson v. State

GRIFFIS, P. J.,

for the Court:

¶ 1. William Bryan Nelson appeals his conviction for his third DUI offense within five years, in violation of Mississippi Code Annotated section 63-ll-30(2)(c) (Supp. 2010). Nelson argues that: (1) the State failed to prove that he committed three DUI offenses within five years, and (2) the indictment failed to allege the essential elements of the crime with certainty. We find no error and affirm.

FACTS

¶ 2. On December 27, 2008, Nelson was stopped at a roadblock in Carthage, Mississippi. Officer Eric Lewis testified that Nelson admitted he had been drinking and…