Lawrence v. State
| Docket Number: | 2006-KP-01917-COA Linked Case(s): 2006-KA-01917-COA ; 2006-CT-01917-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Weight of evidence - Voluntary intoxication instruction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-01-2006 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTION OF AGGRAVATED ASSAULT AND SENTENCE OF TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIVE YEARS OF POST-RELEASE SUPERVISION, RESTITUTION OF $45,632.63, FINE OF $1,000, AND ALL COURT COSTS. District Attorney: Forrest Allgood Case Number: 2005-0306-CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RENA JAMES LAWRENCE |
RODNEY A. RAY |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Aggravated assault - Weight of evidence - Voluntary intoxication instruction |
| Summary of the Facts: | Rena Lawrence was convicted of aggravated assault and sentenced to ten years, followed by five years of post-release supervision. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Rena argues that the verdict was against the weight of the evidence, because no one else was present to witness the beating or the shooting, the State did not present forensic or expert testimony as to the wounds or the gunshots, and the victim’s account of the events are simply preposterous. At trial, evidence was presented that Rena had been drinking on the night in question and was in a combative mood before the altercations with her husband. While there were no other eyewitnesses to the shooting besides Rena and her husband, weighing the evidence in the light most favorable to the verdict, it is plausible the jury could have believed her husband’s version of events over Rena’s and determined that Rena did not shoot him in self-defense. Issue 2: Voluntary intoxication instruction Rena argues that the trial court was not justified in granting a voluntary intoxication jury instruction because she did not claim voluntary intoxication as a defense, and she did not present any evidence at trial of being intoxicated. While Rena’s sole defense was self defense, the jury instruction on voluntary intoxication was not presented as an alternative defense, but as the trial judge explained, the instruction was given to explain to the jury that the evidence of Rena’s intoxication could not relieve her of criminal liability for the aggravated assault. Although Rena alleges that she was not intoxicated, there is evidence to suggest the contrary, and she even admitted on the stand to having three or four beers. Thus, the court did not err in granting the instruction. |
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