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IN THE COURT OF APPEALS 5/21/96 OF THE STATE OF MISSISSIPPI
NO. 95-KA-00343 COA LATOSKA HUNTER APPELLANT v. STATE OF MISSISSIPPI APPELLEE

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

TRIAL JUDGE: HON. FRANK VOLLOR COURT FROM WHICH APPEALED: CIRCUIT COURT OF WARREN COUNTY ATTORNEY FOR APPELLANT: KRISTIE SMITH-MILLER ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS NATURE OF THE CASE: CRIMINAL TRIAL COURT DISPOSITION: CONVICTED OF MANSLAUGHTER AND SENTENCED TO SERVE TWENTY YEARS IN MDOC.

BEFORE THOMAS, P.J., BARBER, AND PAYNE, JJ. THOMAS, P.J., FOR THE COURT:

Latoska Hunter was convicted of manslaughter and sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. From this conviction Hunter appeals to this Court assigning three alleged errors. Finding no error, we affirm. FACTS Latoska Hunter and her boyfriend, Ronald Ross, engaged in a fight in Hunter's apartment on January 3, 1994. The two apparently struggled through the apartment and into the bedroom. From there Hunter ran to the kitchen where she picked up a knife, ran back to the bedroom where Ross was still located, and proceeded to stab Ross twice; the first stab to the center of the chest was the lethal wound. Hunter then ran to the kitchen and threw the knife into the sink, and then returned to the bedroom. Ross, at that time still conscious, asked Hunter to call 911. Ross subsequently died from his wounds. DISCUSSION I. Hunter's first assignment of error is that the jury's verdict was contrary to the weight of the evidence, and this Court should reverse the case for a new trial. Hunter argues that her turbulent past with Ross, coupled with the fact that their three-year-old daughter was in the back bedroom and that she was currently pregnant with Ross's child, put her in fear of her life, as well as the life of her threeyear-old child and her unborn child. Hunter was able to present to the jury other times that she and Ross had engaged in a fight which ultimately resulted in her being taken to the hospital for injuries. She was able to present to the jury her theory that she acted in self-defense; however, the jury chose to find her guilty of manslaughter. Now she asks this Court to substitute its judgment for that of the jury. Under our standard of review we are left with no choice but to find that the evidence was sufficient to support the verdict. McClain v. State, 625 So. 2d 774, 778 (Miss. 1993); McFee v. State, 511 So. 2d 130, 133-34 (Miss. 1987); Wetz v. State, 503 So. 2d 803, 812 (Miss. 1987). II. Hunter next argues that the trial court should have issued a curative instruction to the jury after Paula Ross's, mother of the deceased, emotional outburst. We find this issue to be without merit. First, Hunter did not object nor ask for a curative instruction. Second, this "emotional outburst" was out of the courtroom in the hallway. This was not in front of the jury as Hunter claims. Therefore, there was no harm. III. Finally, Hunter argues that the trial court erred in failing to allow the jury to view the crime scene. Section 13-5-91 gives the trial court the discretionary authority to allow a jury to view a crime scene. We will not reverse the trial court's refusal to allow the jury to view the crime scene unless we find that there was a clear abuse of discretion. Tolbert v. State, 511 So. 2d 1368, 1378 (Miss. 1987). Hunter was able to present a diagram to the jury to show the size of the apartment and was able to freely question the witnesses about the apartment's size and layout. There was no abuse of discretion

in this case. THE JUDGMENT OF THE WARREN COUNTY CIRCUIT COURT OF CONVICTION OF MANSLAUGHTER AND SENTENCE TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. COSTS ARE TAXED TO WARREN COUNTY.

FRAISER, C.J., BRIDGES, P.J., BARBER, COLEMAN, DIAZ, KING, McMILLIN, PAYNE, AND SOUTHWICK, JJ., CONCUR.



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