Jose Ortando ANDINO a/k/a Jose Ortando Adino a/k/a Jose O. Andino a/k/a Jose Andino a/k/a Jose Adino, Appellant
STATE of Mississippi, Appellee.
[Copyrighted Material Omitted]
B. Brennan Horan, Grenada, attorney for appellant.
Office of the Attorney General by Scott Stuart, attorney for appellee.
Before IRVING, P.J., ISHEE and FAIR, JJ.
¶ 1. On April 19, 2012, a Tunica County jury found Jose Ortando Andino guilty of felony driving under the influence (DUI) causing death. The circuit court sentenced Andino to twenty years in the custody of the Mississippi Department of Corrections. Andino filed a motion for a judgment notwithstanding the verdict (JNOV) and a motion for a new trial, both of which the court denied. Feeling aggrieved, Andino appeals and argues that the circuit court erred in failing to grant his motion for a JNOV and his motion for a new trial.
¶ 2. Finding that the circuit court did not err in its judgment, we affirm.
¶ 3. On January 15, 2011, Andino was traveling south on Fitzgeralds Boulevard in Tunica County, Mississippi, leaving Fitzgeralds Casino. Katherine Root, her husband, and her mother, Patricia Roper, were leaving Hollywood Casino and were traveling north on Fitzgeralds Boulevard headed towards Fitzgeralds Casino. As Root drove through an intersection at which she had the green light, Andino's vehicle struck her vehicle. Root stated that she knew Andino's vehicle was not traveling in the same direction as she was traveling because she had observed only one other car traveling north on Fitzgeralds Boulevard. Root also testified that Andino made a left turn into her " at the light that [she] was already going through." Roper was killed as a result of the accident.
¶ 4. Phillip Odom testified that he was stationary at the red light at the same intersection before the accident occurred. He had passed through the intersection once the light turned green and, shortly thereafter, he heard the collision. He stated that he had been about 150 feet in front of Root on Fitzgeralds Boulevard. When he looked behind him, he saw that Root's car had been hit by another car. He did not see the actual accident take place. Odom testified that the light was green when he went through the intersection and that the light was green when Root went through the intersection, as she had proceeded behind him.
¶ 5. Lieutenant Barry Collins, with the Tunica County Sheriff's Department, testified that he got the call about the accident at 11:46 a.m. When he arrived at the scene of the accident, he asked Andino several times for his driver's license and proof of insurance, but Andino would not respond. Finally, Andino replied that he did not speak English and that he needed to go to the hospital. Lieutenant Collins stated that he was about two feet away from Andino and could smell a " very high concentration" of alcohol on Andino's breath. He observed that Andino had glassy eyes and slurred speech, and Lieutenant Collins communicated his observations to Captain
Monlito Felix and Commander Leron Weeks. Commander Weeks called DUI Officer Lieutenant Lee Clayton, who located a judge to sign a subpoena so that they could draw Andino's blood and test it for alcohol. Both Commander Weeks and Lieutenant Clayton traveled to the hospital in Memphis, Tennessee, where Andino was transported after the accident. Commander Weeks testified that they arrived at the hospital around 3:00 p.m. ...