Court of Appeals of Mississippi January 3, 2006, No. 2004-KM-02170-COA (Nunn v. State)

LEE, P.J.,

for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On June 8, 2004, Wayne Nunn was driving his vehicle on County Road 2115 in Attala County when his passenger discarded a beer can from the window of the car. Nunn was stopped moments later by Offi*80cer Zellie Shaw of the Leake County Sheriffs Department who charged Nunn’s passenger with littering.