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Frambes v. State4/20/1999
DATE OF JUDGMENT: 03/26/97
TRIAL JUDGE: HON. KOSTA N. VLAHOS
COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: FELONY DRIVING UNDER THE INFLUENCE CAUSING DEATH: SENTENCED TO SERVE 15 YRS WITH THE MDOC: 8 YRS SUSPENDED, 7 YRS TO SERVE; AFTER SERVING7 YRS DEFENDANT PLACED ON PROBATION UNDER MDOC FOR 2 YRS
DISPOSITION: REVERSED AND REMANDED- 4/20/99
. Monica Jean Frambes was convicted of felony driving under the influence of alcohol causing death and sentenced to serve a term of fifteen years with eight years suspended in the custody of the Mississippi Department of Corrections. Aggrieved by her conviction and sentence, Frambes has appealed and assigned seven errors. This Court quotes these errors verbatim:
I. THAT THE OVERWHELMING WEIGHT OF THE EVIDENCE CONTRADICTS THE VERDICT OF THE JURY.
II. THAT ACCEPTING AS TRUE ALL THE EVIDENCE FAVORABLE TO THE STATE, TOGETHER WITH ALL REASONABLE INFERENCES ARISING THEREFROM AND DISREGARDING THE EVIDENCE FAVORABLE TO THE DEFENDANT, THE EVIDENCE DOES NOT SUPPORT A VERDICT OF GUILTY BEYOND A REASONABLE DOUBT.
III. THAT THE SUSPENSION OF THE DEFENDANT'S PRIVILEGE TO DRIVE BY THE STATE OF MISSISSIPPI AND HER SUBSEQUENT CONVICTION UNDER SECTION 63-11-30(4), MISS. CODE ANN., PLACES THE DEFENDANT TWICE IN JEOPARDY OF LIFE AND LIMB CONTRARY TO THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF MISSISSIPPI.
IV. THAT THE TESTIMONY OF THE STATE'S EXPERT, DR. MCGARRY, REGARDING THE MAGNITUDE OF THE FORCE OF IMPACT SUFFERED BY L.B. MCNAIR, VIOLATED THE RULES OF EVIDENCE AND THE UNIFORM CRIMINAL RULES OF CIRCUIT COURT PRACTICE AND THE CIRCUIT JUDGE ABUSED HIS DISCRETION IN ALLOWING THE STATE TO PRESENT THIS EVIDENCE.
V. THAT THE COURT'S JURY INSTRUCTION #4 IS NOT A CORRECT STATEMENT OF THE LAW AND PREJUDICED THE JURY AGAINST THE DEFENDANT.
VI. THAT THE COURT'S JURY INSTRUCTION #5 SHOULD NOT HAVE BEEN GIVEN SINCE THERE IS NO EVIDENCE TO SUPPORT THE INSTRUCTION.
VII. THAT THE COURT ERRED BY REFUSING TO SUBMIT JURY INSTRUCTION D-11 TO THE JURY.
. Finding error, this Court reverses the circuit court judgment.
FACTS
. On December 15, 1994, Monica Frambes attended a birthday party at a community center in Gulfport, Mississippi. While there, she consumed several twelve ounce beers. At approximately 2 a.m., Frambes and her sister left the party and went to her sister's house where Frambes fell asleep. After sleeping for forty-five minutes, Frambes awoke and drank a swallow of beer. She then decided to drive to her boyfriend's house.
. While proceeding to her boyfriend's house, Frambes drove on 34th street in Gulfport and then onto Highway 49. At the intersection of Highway 49 and Martin Luther King Street, she turned right onto Martin Luther King Street. While driving on this street, Frambes hit L.B.McNair, an elderly man, as he walked across the street. She drove further down the street, but returned to the scene of the accident. After being informed that a resident in the area had called the police, Frambes waited for them to arrive.
. Willie Bryant witnessed the accident. She had turned onto Martin Luther King Street and traveled approximately 30 feet behind Frambes's car. Ms. Bryant later testified that it appeared that Frambes had been speeding. It was also Ms. Bryant's opinion that Frambes appeared to have been drinking because her eyes were glossy and she staggered while walking.
. Charles Tillman, a patrol officer for the Gulfport Police Departme
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