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Jones v. State4/11/2000
earlier in his direct testimony. It is this testimony on redirect that Jones now claims constituted reversible error.
. We are satisfied that it was not error to permit Blakeney to offer such an opinion for two equally satisfactory reasons. First of all, it is clear that Blakeney's opinion was lay opinion evidence admissible under Mississippi Rule of Evidence 701, since it was based on his observations of the resting place of Jones's vehicle after the accident and his ability to trace the path of the vehicle by following skid marks backwards from the resting place to a point where the physical evidence indicated that fairly violent event had occurred. One need not be an expert accident reconstructionist to offer an opinion that tire marks appearing at the scene of accident indicate with some measure of precision the path the vehicle followed at the time of the accident. A lay person, through his ordinary experience of life, is capable of observing the typical physical phenomena that exist in the aftermath a vehicular collision, such as skid marks and debris location, and making an intelligent assessment of certain basic facts of the accident. In this instance, we do not find that Blakeney's testimony moved so far from his basic interpretation of those actual physical things he observed at the scene as to require that he possess specialized training, knowledge or experience in order to offer his opinion of the point of impact.
. Secondly, Jones's own defense counsel opened the door to Blakeney's opinion of the point of impact based on Blakeney's evaluation of the observable post-accident phenomena when counsel attempted to elicit Blakeney's opinion that the physical evidence portrayed in the photographs more likely indicated that the point of impact was closer to, or in, the road right of way. See Davis v. State, 530 So. 2d 694, 699 (Miss. 1988).
. We decline to find reversible error in this aspect of Officer Blakeney's testimony.
. THE JUDGMENT OF THE CIRCUIT COURT OF SMITH COUNTY OF CONVICTION OF DUI MANSLAUGHTER AND SENTENCE OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, MOORE, PAYNE, AND THOMAS, JJ., CONCUR. IRVING, J., DISSENTS WITHOUT WRITTEN OPINION.
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