Legal Opinion

McLaurin v. State

Court of Appeals of Mississippi

Decided September 14, 2004No. 2003-KA-00688-COAPublishedCited by 1 opinion

1Opinion of the Court

BRIDGES, P.J.,

for the Court.

¶ 1. James Edward McLaurin was convicted in the Harrison County Circuit Court of felony driving under the influence and sentenced to five years to run consecutively to the sentence he is presently serving. Aggrieved, he asserts the following issues:

I. THE CHARGES AGAINST THE DEFENDANT SHOULD BE DISMISSED BECAUSE OF THE PRIOR CONVICTION IN JEFFERSON DAVIS COUNTY, MISSISSIPPI.

II. THE COURT SHOULD HAVE DIRECTED A VERDICT OF NOT GUILTY BECAUSE THE STATE HAS NO PROOF AS TO WHAT 10% OR MORE BLOOD BASED UPON GRAMS OF ALCOHOL PER TWO-HUNDRED AND TEN LITERS OF BREATH IS.

III.…

2Cases cited16 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. McClain v. StateMississippi Supreme Court · 1993
  3. Neal v. StateMississippi Supreme Court · 1984
  4. Johnson v. StateMississippi Supreme Court · 1982
  5. Johnston v. StateMississippi Supreme Court · 1990

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3Cited by1 opinion

  1. UCF Athletics Ass'n v. PlancherDistrict Court of Appeal of Florida · 2013

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