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Crawford v. State6/27/2003
The appellant, James Larry Crawford, was indicted on a charge of reckless murder. The jury found him guilty of the lesser-included offense of manslaughter, and the trial court sentenced him to 20 years' imprisonment. The State's evidence tended to show that on August 6, 2000, Crawford met his friend Steve Cain at Revere's bar and restaurant in Mobile. Crawford admitted that he consumed four alcoholic drinks between 5:45 and 10:00 p.m. Shortly before he left Revere's, Crawford got into an argument with Christina Dorsey, a woman who owed him money. Dorsey and her friend Diane Campbell then left Revere's. Crawford admitted that he was intoxicated when he left the bar about 10:30 p.m.
He was driving his truck south on Rangeline Road toward his home when a Honda automobile attempted to merge onto Rangeline Road in the same direction. The appellant swerved to the left, and his truck left the road. Crawford swerved again, and his truck crossed the median and collided with a white Grand Prix automobile that was traveling north on Rangeline Road. The driver of the Grand Prix, Michael Carpenter, subsequently died from blunt-force injuries he suffered in the collision. Vincent Freeman, a passenger in the Honda, testified that Crawford was traveling at least 80 miles per hour. Freeman and paramedic Ronnie Walker both observed Crawford after the collision and believed that he was intoxicated. Forensic analysis of two blood samples taken from Crawford revealed a blood alcohol level of .178 and .125 percent, respectively. Steve Cain testified that Crawford did not appear intoxicated when Cain left Revere's about 8:00 p.m. Revere's bartender Lila Davis Cain said that Crawford did not appear intoxicated to her on the evening of August 6, and owner Sharon Davis said that he did not seem intoxicated when she saw him at 10:20 or 10:30 p.m. Diane Campbell testified that she was with Crawford and Christina Dorsey at Revere's on August 6. While Crawford and Dorsey were arguing, Campbell heard the bartender state, "I'll hush him up," and laugh. The bartender then filled Crawford's glass with undiluted vodka. Campbell said that Crawford did not see what the bartender had done.
I.
Crawford contends that, under the facts of this case, the trial court erred by refusing to charge the jury on vehicular homicide. He argues that in Ex parte Jordan, 486 So. 2d 485 (Ala. 1986), the Alabama Supreme Court held that where a defendant operates a vehicle in a manner violating motor- vehicle laws, specifically driving-under-the-influence laws, and his driving proximately causes a victim's death, those particular facts make vehicular homicide a lesser included offense of murder under § 13A-1-9(1) and (4), Ala. Code 1975. Crawford's requested jury charge no. 3 was a copy of the vehicular-homicide statute. He asked the court to charge on this offense before the jury retired to consider its verdict; the court refused. The court stated that vehicular homicide was not a lesser-included offense under Crawford's indictment; it cited Jordan v. State, 486 So. 2d 482 (Ala. Crim. App. 1985), for the proposition that vehicular homicide can never be a lesser-included offense of murder. However, the Alabama Supreme Court subsequently determined in Ex parte Jordan, that this proposition was too broad and that vehicular homicide can, in some cases, be a lesser offense of murder. The Court stated that the determination must be made after considering the facts of the particular case. The Court held that the failure to charge on vehicular homicide was harmless error in Jordan because the jury had convicted the defendant of the greater offense of murder.
In Ex parte Long, 600 So. 2d 982 (Ala. 1992), the defendant was charged w
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