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02/24/98 TERRY L. STANFIELD A/K/A TERRY LEWAYNE v.

TERRY L. STANFIELD A/K/A TERRY LEWAYNE, APPELLANT STANFIELD
v.
STATE OF MISSISSIPPI, APPELLEE



DATE OF JUDGMENT: 03/18/96 TRIAL JUDGE: HON. GEORGE B. READY COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT

Before: Thomas, P.j., King, And Payne, JJ.

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

DISTRICT ATTORNEY: ROBERT L. WILLIAMS

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: DUI, DEATH: SENTENCED TO SERVE A TERM OF 20 YRS IN THE MDOC WITH THE LAST 5 YRS BEING SUSPENDED PENDING FUTURE GOOD BEHAVIOR; DEFENDANT SHALL PAY COSTS OF COURT

DISPOSITION AFFIRMED - 2/24/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

PROCEDURAL HISTORY

On January 3, 1995, a traffic accident occurred in DeSoto County, Mississippi, involving an automobile operated by Terry Stanfield and an automobile being operated by Kelly Martin. As a result of this accident, Martin was killed. On April 20, 1995, Terry Stanfield was indicted for causing the death of a motorist while he was under the influence of an intoxicating liquor. In a bench trial conducted March 18, 1996, the Circuit Court of DeSoto County, Mississippi, adjudicated Stanfield guilty of the DUI death and sentenced him to serve a term of twenty years in the custody of the Mississippi Department of Corrections with five years suspended and fifteen years to serve. Feeling aggrieved by this judgment, he appeals. After a close review of the record and the law, we affirm the conviction below.

FACTS

During the early morning hours of January 3, 1995, Terry Stanfield was driving his Chevrolet Malibu southbound on Interstate 55 when his vehicle made contact with the vehicle manned by Kelly Martin. This fatal collision occurred when the right front of Stanfield's vehicle struck the left rear of Martin's Nissan Pathfinder. Martin lost control of her Nissan after the impact. The Nissan rolled several times in the median. Tragically, Martin was ejected from the vehicle into the right southbound lane where she was struck by another motor vehicle. Other occupants in Martin's vehicle at the time of the accident were her husband and two children.

This case was tried by the Judge without a jury on stipulation as to the testimony of witnesses had they been called. There were no stipulations as to the testimony of defense witnesses to ...


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