David E. Lyons v. State of Mississippi
196 So. 3d 1131
| Miss. Ct. App. | 2016Background
- On June 17, 2012, Officer Josh Jarvis stopped David Lyons after observing swerving; Jarvis detected alcohol odor, bloodshot eyes, slurred speech, and found an unopened beer can.
- Lyons submitted two Intoxilyzer 8000 breath tests showing BACs of .140 and .132.
- Lyons had two prior DUI convictions from Feb. and Apr. 2012; he was indicted for felony DUI as a third-offense habitual offender.
- Pretrial motions sought to exclude the prior-conviction abstracts on the ground Lyons lacked counsel for those convictions; the court denied the motions and admitted certified abstracts.
- A jury convicted Lyons of felony DUI; he was sentenced as a habitual offender to five years day-for-day and a $2,000 fine. Post-trial motions were denied and Lyons appealed.
Issues
| Issue | Lyons' Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility/use of prior DUI convictions | Prior DUI convictions are invalid because Lyons lacked counsel, so they cannot be used to enhance to felony | Certified court abstracts are admissible to prove prior convictions; Lyons offered no evidence the prior convictions were uncounseled or resulted in jail time | Court affirmed admission: abstracts were certified; Lyons failed to rebut presumption of validity and no jail time was shown |
| Subject-matter jurisdiction | Traffic ticket required arraignment in justice court; circuit court lacked jurisdiction | Indictment by grand jury vests exclusive jurisdiction in circuit court; justice courts handle misdemeanors only | Court held circuit court had jurisdiction because Lyons was indicted for a felony; right to preliminary hearing waived after indictment |
| Prosecutorial misconduct regarding abstracts | State lied about waivers on the abstracts (claimed Lyons signed or refused waivers) | The abstracts accurately show Lyons signed one waiver and refused the other; State did not act deceptively | Court found no misconduct; record supports State's representations |
| Ineffective assistance of counsel | Trial counsel was ineffective (raised pro se on appeal) | Ineffective-assistance claims on direct appeal are not resolved on the merits; should be pursued in post-conviction relief | Court declined to rule on the merits and preserved the claim for post-conviction proceedings |
Key Cases Cited
- Ward v. State, 881 So. 2d 316 (Miss. Ct. App. 2004) (prior convictions are elements of felony DUI)
- Watkins v. State, 910 So. 2d 591 (Miss. Ct. App. 2005) (certified abstracts may prove prior convictions; defendant must present evidence if claiming prior uncounseled conviction with jail)
- McIlwain v. State, 700 So. 2d 586 (Miss. 1997) (use of certified records to prove prior convictions)
- Nichols v. United States, 511 U.S. 738 (U.S. 1994) (limitations on using uncounseled misdemeanor convictions to enhance punishment)
- Ghoston v. State, 645 So. 2d 936 (Miss. 1994) (uncounseled misdemeanor convictions that resulted in jail cannot be used to enhance)
- Levario v. State, 90 So. 3d 608 (Miss. 2012) (justice courts lack jurisdiction over felonies)
- Shields v. State, 702 So. 2d 380 (Miss. 1997) (indictment waives right to preliminary hearing)
- Trotter v. State, 9 So. 3d 402 (Miss. Ct. App. 2008) (ineffective-assistance claims on direct appeal are typically denied without prejudice to collateral relief)