Preview:

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 94-KA-00554 COA DONNELL LEWIS v. STATE OF MISSISSIPPI APPELLANT APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: NATURE OF THE CASE: TRIAL COURT DISPOSITION: OCTOBER 11, 1991 HON. WILLIAM F. COLEMAN HINDS COUNTY CIRCUIT COURT CHRISTOPHER G. HOLT OFFICE OF THE ATTORNEY GENERAL BY: DEWITT ALLRED III CRIMINAL - FELONY CT 1: AGGRAVATED ASSAULT - 20 YRS IN MDOC. CT 2: BURGLARY OF AN OCCUPIED DWELLING - 10 YRS IN MDOC CONSECUTIVE TO COUNT 1. AFFIRMED - 11/4/97

DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

11/25/97

BEFORE McMILLIN, P.J., HINKEBEIN, AND SOUTHWICK, JJ. McMILLIN, P.J., FOR THE COURT: Donnell Lewis was convicted of aggravated assault and burglary of an occupied dwelling by a Hinds County Circuit Court jury. The charges arose out of an incident where an intruder broke into the residence of Lewis's former girlfriend and attacked her with a razor. The woman received severe lacerations to her face and back, requiring extensive plastic surgery to her face. Lewis claims that his conviction should be reversed because (a) the trial court erred in admitting the testimony of the plastic surgeon who treated the victim's facial injuries and (b) the trial court erred in denying his new trial motion claiming that the verdict was against the weight of the evidence. These issues are without merit. This Court affirms the convictions. I.

The Doctor's Testimony The State called the plastic surgeon who had repaired the lacerations to the victim's face. The defense had previously objected, outside the jury's presence, to the doctor being called. Lewis claimed that the victim's testimony and photographs introduced by the State had already established the fact that the victim had received bodily injury within the meaning of the statute governing aggravated assault. Miss. Code Ann.

Download Donnell Lewis v. State of Mississippi.pdf

Mississippi Law