Culpepper v. State9/28/2001
The appellant, Jamie Brian Culpepper, was indicted on two counts of reckless manslaughter, a violation of § 13A-6-3(a)(1), Ala. Code 1975. The cases were brought to trial and the appellant was convicted of two counts of criminally negligent homicide, a lesser-included offense of manslaughter, in violation of § 13A-6-4, Ala. Code 1975. The trial court sentenced the appellant to two consecutive terms of eight years' imprisonment. The trial court also ordered the appellant to pay a $50 assessment to the Crime Victims Compensation Fund in each case. In addition, the trial court ordered the appellant to pay $10,000 in restitution to the family of one of the victims and $8,000 in restitution to the family of the other victims, for a total of $18,000 in restitution. This appeal followed.
I.
The evidence at trial tended to establish the following. On the evening of June 8, 1998, the appellant had been drinking alcoholic beverages. At some point, the appellant got into his vehicle, a black pickup truck, and began to drive south on U.S. Highway 231. Around 9:30 p.m., while traveling south on Highway 231, the appellant's truck hit the side of a tractor-trailer truck, and he lost control of his vehicle. The appellant's truck crossed the median and was in the northbound lane of Highway 231. At the time, the appellant's truck was traveling at a rate of more than 50 miles per hour. Once in the northbound lane, the appellant's vehicle struck Willie B. Griffin's truck. The impact of the collision caused Griffin's truck to flip over, pinning Griffin inside. Griffin was pronounced dead at the scene. After the appellant's vehicle hit Griffin's truck, the appellant's vehicle "tailspinned" and hit a motorcycle that was also travelling in the northbound lane. The motorcycle's driver, Jeffery Lynn Meredith, was thrown from his motorcycle and suffered massive, blunt-force trauma upon impact. Meredith was pronounced dead at the scene, as well.
Following the accident, the appellant was transported to a local hospital for medical treatment. At the hospital, the appellant consented to a blood-alcohol test. The results indicated a blood-alcohol level of 0.15%. The appellant was subsequently arrested and charged with two counts of reckless manslaughter, violations of § 13A-6-3(a)(1), Ala. Code 1975.
At trial, the appellant requested that the jury be charged on vehicular homicide, as set out in § 32-5A-192, Ala. Code 1975, as a lesser-included offense of manslaughter. The trial court denied the request. Following a jury trial, the appellant was found guilty of two counts of criminally negligent homicide.
II.
The appellant contends that the trial court erred in not instructing the jury on the law as it relates to vehicular homicide. Specifically, he argues that, based on the facts of this case, vehicular homicide is a lesser-included offense to the charged crime of manslaughter.
It has long been the law in Alabama that a trial court has broad discretion in formulating jury instructions, provided those instructions are accurate reflections of the law and facts of the case. Knotts v. State, 686 So. 2d 431, 456 (Ala.Crim.App. 1995), aff'd, 686 So. 2d 486 (Ala. 1996), cert. denied, 520 U.S. 1199 (1997); Clark v. State, 621 So. 2d 309, 324 (Ala.Crim.App. 1992). Every defendant is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Ex parte Hannah, 527 So. 2d 675 (Ala. 1988); Ex parte Stork, 475 So. 2d 623 (Ala. 1985).
Section 13A-1-9, Ala. Code 1975, defines included offenses, as follows:
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