Smith v. State

GRIFFIS, J.,

for the Court.

¶ 1. Michael Mean Smith was found guilty of felony driving under the influence (“DUI”), third offense. Smith appeals. He argues that the evidence was insufficient to find him guilty of DUI third offense and that he was denied a fair trial when the State introduced evidence of pri- or DUI convictions during the guilt phase of the trial. We reverse and remand for re-sentencing.

FACTS

¶ 2. On November 27, 2004, Smith was traveling on Highway 43 in Leake County, Mississippi. Deputy Sheriffs James D. Moore and Greg Mullin, while on patrol together, passed Smith’s vehicle…