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Beckham v. State3/23/1999
DATE OF JUDGMENT: 04/11/1997
TRIAL JUDGE: HON. ROBERT G. EVANS
COURT FROM WHICH APPEALED: SIMPSON COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: DEWITT L. FORTENBERRY JR.
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: NEGLIGENT MANSLAUGHTER; 20 YRS
DISPOSITION: AFFIRMED - 03/23/1999
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
PROCEDURAL POSTURE AND ISSUES PRESENTED
. This case is before the Court challenging the judgment of the Circuit Court of Simpson County of conviction of manslaughter arising out of the negligent operation of a motor vehicle and sentence of twenty years in the custody of the Mississippi Department of Corrections. After having his motion for a new trial overruled, the appellant, Randy Beckham, perfected this appeal raising four issues for our review: 1) whether the evidence presented was sufficient to sustain the conviction, 2) whether the trial court erred in overruling Beckham's motion for mistrial after an investigating officer testified that Beckham was traveling at least seventy miles per hour at the time of the accident, 3) whether the trial court erred in not allowing Beckham's counsel sufficient time for voir dire, and 4) whether the trial court erred in not granting Beckham's proposed Jury Instruction D-12.
. After a review of the record, briefs, and applicable precedents, we find no error. Accordingly, we affirm the conviction and sentence in this case.
FACTS
. In the early morning hours of June 18, 1995, Beckham and his passenger were traveling south on U.S. Highway 49 in D'Lo in a 1988 Lincoln. In front of Beckham was Linda Joiner, also traveling south on U.S. 49 in a 1990 Pontiac. Beckham's Lincoln struck Joiner's Pontiac from behind. The crash resulted in both cars overturning, and Joiner was killed. Beckham and his passenger were injured and transported to Simpson County General Hospital. Once at the hospital, Beckham consented to a blood test, the results of which showed that Beckham had .12% concentration of alcohol in his blood. On June 20, 1995, Beckham was given his Miranda warnings and voluntarily spoke with law enforcement officials concerning the accident, indicating that he was the driver of the automobile and that he had not seen Joiner's vehicle until it was impossible for him to avoid the fatal collision.
. Beckham was indicted on one count of manslaughter by culpable negligence in Joiner's death. After a two day trial, Beckham was convicted and subsequently sentenced to serve the maximum term of twenty years in the custody of the Mississippi Department of Corrections.
DISCUSSION AND ANALYSIS
Sufficiency of the Evidence
. In his first assignment of error, Beckham asserts that there was insufficient evidence to support a conviction of culpable negligence manslaughter under Miss. Code Ann. § 97-3-47 (Rev. 1994). Beckham maintains that his operation of the Lincoln while intoxicated alone was not sufficient for a finding of culpable negligence. Beckham says there was no evidence that he was driving erratically and no evidence regarding the speed of Joiner's vehicle at the time of the collision. In addition, Beckham stresses that it is unclear as to how fast he was traveling at the time of impact, although he did admit to law enforcement authorities that he was traveling around seventy miles per hour. Further, Beckham notes that there was no specified cause determined for Joiner's death and that there was conflicting testimony with regard to the impact point of the vehicles at the time of
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