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05/28/96 MICHAEL HAVARD A/K/A MICHAEL L. HAVARD

May 28, 1996

MICHAEL HAVARD A/K/A MICHAEL L. HAVARD A/K/A MICHAEL LYNN HAVARD, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Diaz, And Herring, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

Havard v. State, 96-KA-00712, __ So. 2d __

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. KATHY KING JACKSON

COURT FROM WHICH APPEALED: GEORGE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I FELONY DUI CAUSING DEATH: CT'S II, III & V AGGRAVATED ASSAULT: SENTENCED TO SERVE 20 YRS ON EACH COUNT IN THE CUSTODY OF THE MDOC WITH 8 YRS SUSPENDED, 12 YRS TO SERVE ALL COUNTS TO RUN CONCURRENT

DISPOSITION AFFIRMED - 7/14/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Michael Havard was convicted of felony driving under the influence causing death as well as three counts of aggravated assault. From this conviction, Havard now perfects his appeal to this Court and argues that the trial court erred (1) in allowing evidence of his blood alcohol content into evidence, (2) in permitting the State to call its accident reconstructionist as a rebuttal witness, (3) in allowing the State's forensic toxicologist to testify as a rebuttal witness, (4) in granting the State's "aggravated assault" jury instruction, (5) in denying his "reasonable doubt" and "weight of the testimony" jury instructions, (6) in rendering an unduly harsh sentence, and (7) in permitting the cumulative error in this case to deprive him of a fair trial. Finding his arguments without merit, we affirm.

FACTS

In the early morning hours of September 4, 1994, a van filled with ten people was returning home from a wedding celebration. The driver of the van saw a vehicle approaching from behind at a high rate of speed. Suddenly, the vehicle, a red Chrysler sports car, hit the van from the rear, causing the van to leave the road and crash in a field. The sports car also left the road and exploded in flames. As a result of the crash, one passenger in the van was killed and several others were injured. Shortly after the accident, a truck with six passengers happened upon the crash. The driver of the truck, Jay Gentry, testified that the same car that was on fire had passed his truck a few miles back. Upon their arrival at the crash site, Gentry and his passengers found Michael Havard, the driver of the sports car, standing near the burning car. Gentry testified that Havard was staggering and smelled of ...


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