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Officer Kline then took Watkins to the Leake County Jail. When Officer Kline of the National Park Service arrived, she noticed that Watkins showed signs of intoxication. Part of the Ailey Extension OnLine series former Ailey principal dancer, accomplished teacher and lecturer Sarita Allen teaches a Pilate based dance designed to build core strength and flexibility. But Watkins argues that in the case sub judice the first conviction should not have been used to make this his third conviction, because under Nichols v. United States, 511 U.S. 738, 114 S.Ct. Watkins's girlfriend, Yolanda Teat, was a passenger in the vehicle when it flipped. If that had been the case, the sentence imposed would fall outside of the statutory guidelines set forth in Miss.Code Ann. After viewing product detail pages, look here to find an easy way to navigate back to pages you are interested in. In 1998, the group took home two awards at The American Quartet Awards for "Quartet of the Year" and "Artist of the Year". ¶ 10. ¶ 24. The Canton Spirituals are regarded as pioneers in the genre of traditional gospel music. In order for the trial court to question the validity or the underlying particulars of the abstract of conviction, evidence must be presented to show that there were defects or irregularities in the proceedings that led to the conviction represented in the abstract. In order to rebut the presumption of validity, defendants must put on evidence to support their factual assertions. The abstract of the first conviction gives only the minimum of information necessary to show a prior conviction out-of-state and, while certainly admissible to prove a prior conviction, is inconclusive at best as to the question of lack of representation or the serving of jail time. Founded in Canton, Mississippi in 1943, the original Canton Spirituals were Reverend Arthur Lee Jackson Sr., Reverend I.S. § 63-11-30(2)(c);  rather, he would have had to have been sentenced for DUI second under Miss.Code Ann. Rigby, 826 So.2d at 701(¶ 12) (emphasis added). The Canton Spirituals are an award-winning gospel recording group and are regarded as pioneers in the genre of traditional gospel music. The email address cannot be subscribed. On September 29, 2003, the circuit court denied Watkins's motion for JNOV, or in the alternative for a new trial. The Canton Spirituals are regarded as pioneers in the genre of traditional gospel music. In fact, one aspect of the holding in Ghoston argues against Watkins's position. In 1993, after recording eight albums for J & B, the … The present group is fronted by Watkins’ son, Harvey Watkins Jr., and consists of Cornelius Dwayne Watkins, Billy Voss, David Curry, Merlin Lucious, Shannon Lee, and Rodrick Jones. Id. But before discussing this aspect of the Ghoston case, we think it is important to note two aspects of Mississippi law on this subject. § 846. 2/22/15 O&A Gospel Sunday: The Canton Spirituals By OutandAboutnycmag February 22, 2015 February 22, 2015 Gospel, Gospel Sunday. We have reviewed the particular abstract in question and, contrary to Watkins's assertions, we do not find it clear from the face of the abstract that Watkins lacked representation and served jail time for this first conviction. ¶ 2. Finding no reversible error, we affirm the judgment of the circuit court. ¶ 21. ¶ 17. In this regard we have held, “Abstracts of court records, when properly certified, are clearly allowed to prove prior convictions.”   McIlwain v. State, 700 So.2d 586, 589(¶ 14) (Miss.1997). The Canton Spirituals garnered a Grammy nomination in 1993 for the album Live in Memphis and were 1997 Stellar Award recipients for "Best Group/Duo of the Year" as well as "Traditional Group of the Year" for the Living the Dream: Live In Washington, DC album. ¶ 5. ¶ 4. Watkins and Teat were taken to the emergency room, and Officer Kline followed to interview Watkins and Teat regarding the accident. Six months of this one year sentence are to be served in the Leake County Jail, and the details of how the remaining six months are to be served will be determined by the court at a later date. ¶ 22. Therefore, Nichols and Ghoston are inapplicable to this case. On September 5, 2003, the court sentenced Watkins to serve five years in the custody of the Mississippi Department of Corrections, four years suspended, leaving only one year to serve. Ghoston, 645 So.2d at 939. Six months of this one Billy Voss Cornelius Dwayne Watkins David R. Curry III Harvey Pop Watkins, Sr. Harvey Watkins, Jr. Merlin Lucious Michael Richardson Victor Allen, Sr. Rigby v. State, 826 So.2d 694, 699(¶ 6) (Miss.2002). Enter your email address to subscribe to this blog and receive notifications of new posts by email. Therefore, we find that the circuit court did not commit reversible error in sentencing Watkins for DUI, third offense. ¶ 20. ¶ 29. On August 29, 2002, Watkins was ultimately indicted for DUI, third offense, and on September 4, 2003, the matter was tried before a jury in the Leake County Circuit Court. Thus, our review of sentencing matters generally involves the simple question, “Does the sentence fall within the statutory guidelines?”   If it does, then we will affirm the sentence. Nichols, 511 U.S. at 740, 114 S.Ct. First, certified abstracts of conviction may be used to prove prior convictions. Cornelius Dwayne Watkins, finding him guilty of driving under the influence, third offense (or felony DUI). We find Watkins's citations to Nichols and Ghoston to be misplaced, given the facts in the case sub judice and the holdings of Rigby, Ward, and Weaver, discussed briefly above. But the trial court below admitted both of the abstracts of conviction evidencing Watkins's prior convictions, which made the relevant subsection Miss.Code Ann. Aggrieved by the trial court's judgment, Watkins now appeals, raising the following single issue: DID THE TRIAL COURT ERR IN PERMITTING A PREVIOUS UNCOUNSELED MISDEMEANOR DUI CONVICTION TO BE CONSIDERED FOR ENHANCEMENT PURPOSES IN THE SENTENCING PHASE? Legendary Mississippi-based quartet who pioneered an urban sound that mixed R&B style with traditional gospel. On September 4, 2003, a jury in the Leake County Circuit Court returned a verdict against Cornelius Dwayne Watkins, finding him guilty of driving under the influence, third offense (or felony DUI). Indeed, the transcript of the sentencing hearing demonstrates that Watkins made no arguments from Nichols or Ghoston at the time of sentencing, nor did he make any further objection to Watkins being sentenced for a third offense. Read Full Biography. § 63-11-30(2)(b), which allows a range of sentences from five days to one year. On September 4, 2003, a jury in the Leake County Circuit Court returned a verdict against Cornelius Dwayne Watkins, finding him guilty of driving under the influence, third offense (or felony DUI). No comments. Finally, we find that Watkins's assignment of error, in addition to the problems discussed above, lacks merit by its own terms, because the issue of the prior convictions was not raised in the “sentencing phase,” as the issue states. The issue of the prior convictions did not come up again in the actual sentencing phase of the proceedings, and the court unquestionably imposed a sentence within the guidelines set forth in Miss.Code Ann. - The Stellar Awards LIVE On UP ¶ 26. FREE Background Report & Reputation Score (2.38) for Cornelius Watkins in Detroit, MI - View Criminal & Court Records | Photos | Address, Email & Phone Number | 1 Personal Review | Income & Net Worth The reason he argues that the first conviction should not have been considered is because (1) he was unrepresented in the first DUI proceeding, and (2) he received jail time as a result of the first DUI conviction, which places this case within the rule announced in Nichols v. United States, 511 U.S. 738, 114 S.Ct. Dance Of The Village Elders- Zoom with Walter, The Dance of the Village Elders are back ! The Canton Spirituals are regarded as pioneers in the genre of traditional gospel music. Stay up-to-date with FindLaw's newsletter for legal professionals. Ingredients are list prior so we can all enjoy CookingWithKu. ¶ 15. This is because he failed to offer any proof of his assertions about the abstract of his first conviction that might have triggered the applicability of Nichols and Ghoston. Watkins, Claude “Bubba” Nichols, Warren G. Ward, Isaac Bolton, Eddie Jackson, Theo Thompson, Roscoe Lucious and founder Harvey Watkins, Sr. (December 5, 1929 – November 16, 1994).

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