Kemper County v. Parks, 031919 MSCA, 2017-CA-01243-COA

Docket Nº:2017-CA-01243-COA
Opinion Judge:LAWRENCE, J.
Party Name:KEMPER COUNTY, MISSISSIPPI APPELLANT v. CORNELIUS PARKS APPELLEE
Attorney:ATTORNEY FOR APPELLANT: MARVIN E. WIGGINS JR. ATTORNEY FOR APPELLEE: STEPHEN PAUL WILSON
Judge Panel:BEFORE BARNES, C.J., WESTBROOKS AND LAWRENCE, JJ. BARNES, C. J., CARLTON AND J. WILSON, P.JJ., GREENLEE, WESTBROOKS, TINDELL, McDONALD, McCARTY AND C. WILSON, JJ., CONCUR.
Case Date:March 19, 2019
Court:Court of Appeals of Mississippi
 
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KEMPER COUNTY, MISSISSIPPI APPELLANT

v.

CORNELIUS PARKS APPELLEE

No. 2017-CA-01243-COA

Court of Appeals of Mississippi

March 19, 2019

DATE OF JUDGMENT: 08/04/2017

KEMPER COUNTY CIRCUIT COURT HON. JUSTIN MILLER COBB, JUDGE

ATTORNEY FOR APPELLANT: MARVIN E. WIGGINS JR.

ATTORNEY FOR APPELLEE: STEPHEN PAUL WILSON

BEFORE BARNES, C.J., WESTBROOKS AND LAWRENCE, JJ.

LAWRENCE, J.

¶1. Cornelius Parks was convicted of a misdemeanor for domestic violence in 2011. In order to appeal his conviction, he filed a check for $449 along with his notice of appeal and a document entitled "Cost and Appearance Bond" with the circuit court. The State moved to dismiss the appeal and argued that Parks did not file the cost and appearance bond simultaneously with his notice, as required in former Rule 12.02 of the Uniform Rules of Circuit and County Court Practice.1 The circuit court granted the State's motion and dismissed the appeal. Parks appealed to this Court, and we found that he met the "bare minimum" requirements under former Rule 12.02 "to confer jurisdiction on the circuit court." Parks v. State, 194 So.3d 179, 181-82 (¶9) (Miss. Ct. App. 2015). Therefore, this Court reversed the decision of the circuit court. Id. at 182 (¶12). Further, this Court held that "[o]n remand, the circuit court may decide whether Parks should be granted leave to amend his 'costs and appearance bond' to correct these and any other deficiencies." Id. at (¶11).

¶2. After this Court reversed and remanded the dismissal of Parks's appeal to the circuit court, the Kemper County prosecutor filed another motion to dismiss. The circuit court found that the $449 filed by Parks was only a "cost bond" and ordered the justice court to set an amount for the "appearance bond." The justice court denied the request for jurisdictional reasons, and the circuit court then set the appearance bond at one dollar. Parks paid the bond fee, and after a trial on the original domestic violence charge, Parks was acquitted. The State now appeals the denial of its second motion to dismiss, complaining that the legal issue of bond should again be addressed by this Court.

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