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SMITH v. STATE

No. 2005-KA-01058-COA.

950 So.2d 1056 (2007)

Michael Mean SMITH, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

February 27, 2007.

Attorney(s) appearing for the Case

Edmund J. Phillips, attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

Before KING, C.J., IRVING and GRIFFIS, JJ.

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 prior DUI convictions during the guilt phase of the trial. We reverse and remand for re-sentencing.

FACTS

¶ 2. On November 27, 2004, Smith...

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