09/11/2009 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
XX  2008-KA-00114-COA

James Robert Delker v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 586-06; Ruling Date: 09/19/2007; Ruling Judge: Robert Bailey; Majority Opinion: Irving, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of felony driving under the influence and sentence, as a habitual offender, of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., and Carlton, J., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Roberts, J., dissents with separate written opinion joined by King, C.J., Griffis and Ishee, JJ., and joined in part and in result by Barnes, J. Dissenting Opinion: Roberts, J. Votes: King, C.J., Griffis and Ishee, JJ., join this opinion. Barnes, J., joins this opinion in part and in result.