Brett Prince v. State of Mississippi
2017 Miss. App. LEXIS 289
Miss. Ct. App.2017Background
- On June 15, 2013, Brett Prince ran a red light and struck the Salas family vehicle; one child died and other family members suffered catastrophic injuries.
- Troopers found beer cans around Prince’s truck and a cooler of alcohol in the bed; witnesses described erratic driving and beer cans falling from Prince’s vehicle.
- Trooper Maurice Kennedy observed Prince, conducted a breath test using an Intoxilyzer 8000, and recorded a BAC of .199% from the first sample.
- Prince moved to suppress the breath test results on grounds the mandatory 20‑minute observation was not performed and for an alleged URCCC 9.04 discovery violation concerning calibration/certification documents.
- A jury convicted Prince of five counts of aggravated DUI under Miss. Code Ann. §63‑11‑30(5); he was sentenced to a total effective term of 30 years.
- On appeal Prince argued insufficiency/weight of evidence, erroneous admission of Intoxilyzer evidence (observation + discovery), and error in denying proposed jury instruction D‑3; the Court of Appeals affirmed.
Issues
| Issue | Prince's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility — 20‑minute observation prior to breath test | Kennedy did not actually observe Prince for the required 20 minutes (photos conflict with his testimony) so breath results should be suppressed | Kennedy testified he observed Prince at least 20 minutes; any discrepancy goes to witness credibility, not admissibility | Court: admission proper; observed period satisfied and dispute goes to weight/credibility |
| Admissibility — discovery (URCCC 9.04) re: calibration certificates | Failure to timely disclose calibration/certification documents required exclusion or mistrial | State had IP‑01E form and Kennedy’s testimony showing instrument accuracy; court followed Box/Rule 9.04 procedures and granted continuance | Court: no abuse of discretion; no willful violation shown and sufficient evidence of accuracy; documents admitted |
| Sufficiency of evidence for aggravated DUI convictions | Evidence insufficient — argued elements not proven beyond reasonable doubt (negligence, intoxication, causation/severity) | Breath test (.199%), officer and witness testimony on intoxication and negligent driving, and victim testimony on injuries established elements | Court: evidence sufficient as a matter of law; convictions affirmed |
| Denial of jury instruction D‑3 (requiring acquittal if 20‑minute observation not met) | Jury should be instructed that missing observation mandates not guilty verdict on BAC element | Admissibility of evidence is court’s gatekeeping role; disputes about observation affect weight, not admissibility; instruction would usurp judge’s role | Court: denial proper; existing instructions correctly allocated admissibility to judge and credibility/weight to jury |
Key Cases Cited
- McIlwain v. State, 700 So. 2d 586 (Miss. 1997) (court must determine procedures, operator certification, and machine accuracy before admitting breath results)
- Parkman v. State, 108 So. 3d 443 (Miss. Ct. App. 2012) (20‑minute observation requirement and disputes over observation go to witness credibility/weight)
- Hudspeth v. State, 28 So. 3d 600 (Miss. Ct. App. 2009) (defines 20‑minute observation under Intoxilyzer procedures)
- Fisher v. City of Eupora, 587 So. 2d 878 (Miss. 1991) (observation can be performed while defendant is in officer’s presence; focus on timing and credibility)
- Box v. State, 437 So. 2d 19 (Miss. 1983) (procedural framework for addressing discovery violations)