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Campbell v. State10/28/2003
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED
. Jimmy E. Campbell was convicted in the Circuit Court of Jones County by a jury for causing the death of another while driving negligently and while intoxicated. The trial judge sentenced Campbell to twenty-five years in the custody of the Mississippi Department of Corrections with five years suspended and denied Campbell's post-trial motion for a judgment notwithstanding the verdict or in the alternative for a new trial. Feeling aggrieved, Campbell appeals and argues that the State failed to prove venue and that the evidence presented at trial was insufficient to establish the crime for which he was convicted.
. Detecting no reversible error, this Court affirms the trial court's judgment.
FACTS
. Three youths were traveling along First Avenue in Laurel, Mississippi, around 10 p.m. Two of the youths, Laconia Evans and her nephew, Jeremy Bonner, walked while Matthew Taylor, also Evans's nephew, rode a bicycle behind them. While traversing a hill with their backs to oncoming traffic, the youths were hit from behind by a vehicle. After the car passed, Taylor blacked out. When he awakened, he saw Evans lying in the middle of the road and Bonner lying on the side of the road. Bonner died from the impact. Taylor also saw the person who was driving the vehicle that had hit them, for the driver stopped and exited the vehicle. However, Taylor was unable to identify the person.
. Eric Varnado, an officer with the Laurel Police Department (hereinafter referred to as the LPD), investigated the accident involving Taylor, Evans, and Bonner. From dispatch, Officer Varnado received a description of the vehicle, the license plate number, and an address to which the license plate was registered. When Officer Varnado arrived at the accident scene, a witness also gave him the license plate number of the vehicle that hit the youth. The number matched the license plate number previously provided to him. Officer Varnado then cruised on First Avenue in an attempt to locate the suspected vehicle. When Officer Varnado arrived at the address to which the license plate was registered, the vehicle in the driveway and the license plate on it matched the description of the vehicle and license plate given him by dispatch.
. Officer Varnado approached the residence and came into contact with a male standing next to the vehicle. Officer Varnado confronted the male and discovered that he was Jimmy E. Campbell. Campbell admitted that he had driven the vehicle that night. Officer Varnado observed that Campbell had a strong odor of alcohol, his breath smelled of alcoholic beverage, his speech was slurred, and he had a staggered stance. Varnado placed Campbell into custody to investigate a possible DUI and also Campbell's possible involvement in the hit and run accident.
. Other germane facts will be related during the discussion of the issues.
ANALYSIS AND DISCUSSION OF THE ISSUES
. In his first issue, Campbell argues that the State failed to prove venue, which is an essential element of the crime. Campbell points out that Jones County has two judicial districts and that the State failed to put forth any evidence that the crime occurred in the Second Judicial District of Jones County.
. Proof of venue, as any other element of an offense, must be made beyond a reasonable doubt. State v. Fabian, 263 So. 2d 773, 776 (Miss. 1972).
. The State called victims Taylor and Evans to testify that they were walking northbound on First Avenue when they were struck by a vehicle on the night in question. Officer Varnado, as well as D
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