CARLTON, J., for the Court:
¶ 1. A Lafayette County jury convicted Duane John on six counts of DUI manslaughter.
¶ 2. On the evening of December 28, 2012, John left his sister's house in Philadelphia, Mississippi, and got into his vehicle along with his girlfriend, two other adults, and John's five children. While trying to pass another vehicle on the road, John lost control of his vehicle, causing it to flip over and sink into a creek. John; his girlfriend, Deanna Jim; and another adult, Dale Chickaway, were able to climb out of the vehicle. One adult, Diane Chickaway, along with John's five children, died as a result of the accident. A Neshoba County jury subsequently indicted John for six counts of DUI manslaughter.
¶ 3. At a trial held in Lafayette County
¶ 4. Kevin Baysinger, an investigator with the Neshoba County Sheriff's Department, testified that he received a call from Neshoba County General Hospital in the early morning hours of December 29, 2012, regarding a car accident. When Investigator Baysinger arrived at the hospital, he met with John and informed him that law enforcement suspected that John was under the influence of alcohol at the time of the accident. John signed a consent form allowing for a blood sample to be drawn. Investigator Baysinger then instructed the hospital staff to draw blood from John with a blood kit provided by the Mississippi Crime Lab. Even though Investigator Baysinger informed John that he was suspected of driving while under the influence of alcohol at the time of the accident, Investigator Baysinger admitted that he did not read John his Miranda rights before John consented to have his blood drawn. The record also reflects that Investigator Baysinger knew John from his previous DUI arrest.
¶ 6. John Stevenson from the Mississippi Crime Lab testified that he performed the blood-alcohol analysis on John's blood samples. Stevenson testified that the analysis showed that John's blood-alcohol level was.18 percent, well over the legal limit.
¶ 7. The jury convicted John on six counts of DUI manslaughter, and the trial judge sentenced John to serve six consecutive fifteen-year terms in the custody of the Mississippi Department of Corrections, for a total of ninety years, and then suspended fifteen of those years, leaving seventy-five years to serve.
¶ 8. "When reviewing a trial court's ruling on the admission or suppression of evidence, [the appellate court] must assess whether there was substantial credible evidence to support the trial court's findings." Culp v. State, 933 So.2d 264, 274 (¶ 26) (Miss.2005). "The admission of evidence lies within the discretion of the trial court and will be reversed only if that discretion is abused." Id. An appellate court "can reverse a trial court's denial of a motion to suppress only: if the incorrect legal principle was applied; if there was no substantial evidence to support a voluntary, knowing, and intelligent waiver of Miranda rights; and if the denial was a result of manifest error." Setzer v. State, 54 So.3d 226, 230 (¶ 15) (Miss.2011).
¶ 9. When reviewing a claim that the verdict is against the overwhelming
¶ 10. Furthermore, the determination of whether consent to draw blood was valid constitutes a question of fact, and we review the trial court's findings of fact for clear error. Irby v. State, 49 So.3d 94, 99 (¶¶ 13-14) (Miss.2010); see also Setzer, 54 So.3d at 231-32 (¶¶ 19-20); Goff v. State, 14 So.3d 625, 641 (¶ 49) (Miss.2009); Cutchens v. State, 310 So.2d 273, 276 (Miss.1975) (voluntariness of consent determined by analyzing the totality of circumstances).
¶ 11. John attacks the validity and sufficiency of his consent to the testing of his blood and also attacks the verdict as being against the overwhelming weight of the evidence. John specifically argues that the trial court erred in allowing his blood-test results into evidence. John claims that the consent form he signed at the hospital prior to his blood test is insufficient to constitute consent, because "it contains no indication of any waiver on behalf of John of his right to refuse the drawing of the sample." John asserts that, due to the failure to advise him of his rights under the Constitution to be free from unreasonable searches, the evidence gained from that search is fruit of the poisonous tree and should not have been admitted into evidence. As a result, John argues that his subsequent conviction is tainted and should be reversed.
¶ 12. John submits that if he had been at the police station, instead of the hospital, he would have been given a different set of rights prior to signing the consent form, including notice that he had the right to refuse the blood-alcohol test and that the results could be used against him. John asserts that Investigator Baysinger admitted at trial that nothing on the consent form advised John that he had a right to refuse to consent to the blood test. In addressing John's issues on appeal, we will first address the sufficiency of the trial court's factual finding that the circumstances established that John freely, knowingly, and voluntarily consented to the withdrawal and testing of his blood for alcohol.
¶ 13. In Irby, 49 So.3d at 99 (¶¶ 13-14), the supreme court explained:
(Internal citations and quotation marks omitted). John claims that in the present case, "knowledgeable waiver" is missing from the elements of consent, and therefore, he provided no consent to providing a blood sample. John argues that as a result, his blood-test results should not have been admitted into evidence in the present case. Jurisprudence, however, reflects that valid consent constitutes a question of
¶ 14. Neither probable cause nor a warrant is required where a valid consent was provided prior to drawing blood to test for alcohol content.
¶ 15. The consent established in this case is similar to that established in Wash, 790 So.2d at 859 (¶¶ 8-9), where the circumstances showed valid, voluntary consent existed for a blood-alcohol test. As stated, the determination as to whether valid consent was given constitutes a question of fact. See Goff, 14 So.3d at 641 (¶ 49). In this case, the record reflects evidence that law enforcement asked John for his consent to draw his blood for testing, and that John provided verbal and written consent to provide blood samples.
¶ 16. During the suppression hearing, the trial judge heard testimony from Investigator Baysinger, who testified that he informed John at the hospital that law enforcement suspected that John was under the influence of alcohol while operating the vehicle at the time of the accident. Investigator Baysinger testified that he told John that since fatalities occurred in the accident, law enforcement needed to draw blood from all of the drivers involved. He then asked John if he would consent to having his blood drawn. As stated, John agreed to have his blood drawn, and he signed a consent form allowing for a blood sample to be drawn. Investigator Baysinger then instructed the hospital staff to draw blood from John for testing purposes. The record shows that John was not under arrest or in custody at the time he consented to the drawing and testing of his blood; rather, John provided his consent in writing while at the hospital in a noncustodial environment.
¶ 17. Investigator Baysinger testified that while at the hospital, John appeared to understand what was going on around him and seemed aware of his circumstances. He confirmed that John appeared to "understand that he knowingly and voluntarily granted permission" for Investigator Baysinger to take a blood sample. Investigator Baysinger also confirmed that he had previously arrested
¶ 18. After hearing testimony from Investigator Baysinger and John, as well as the arguments from the State and the defense, the trial judge overruled the defense objection. In making his ruling, the trial judge found that Investigator Baysinger's testimony reflected that John possessed awareness of the consequences of signing the consent to a urine and blood test.
¶ 19. The record of the suppression hearing reflects substantial credible evidence supporting the trial judge's finding that the totality of the circumstances established that John provided valid, voluntary consent to provide blood samples for blood-alcohol testing.
¶ 20. John also attacks his conviction as being against the overwhelming weight of the evidence. The State was required to prove the elements of DUI manslaughter beyond a reasonable doubt; namely, that John operated a motor vehicle while under the under influence of intoxicating liquor, having a blood-alcohol concentration of eight one-hundredths percent or more and, in a negligent manner, caused the death of the six victims. Miss.
¶ 21. Officer Spears testified that after the wrecker pulled John's vehicle from the creek, he observed several alcoholic-beverage boxes, cans, and bottles inside of the vehicle.
¶ 22. We recognize that "[t]he jury is the sole judge of the weight of the evidence and the credibility of the witnesses." Williams v. State, 64 So.3d 1029, 1033 (¶ 13) (Miss.Ct.App.2011) (citing Nix v. State, 8 So.3d 141, 146 (¶ 26) (Miss. 2009)). After our review, we cannot find that the jury's guilty verdict is so against the overwhelming weight of the evidence as to sanction an unconscionable injustice. Rivera-Guadiana, 71 So.3d at 1225 (¶ 16). As a result, we cannot find that the trial court abused its discretion in denying John's motion for a new trial. We therefore affirm the trial court's judgment.
¶ 23.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, MAXWELL, FAIR AND WILSON, JJ., CONCUR. JAMES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.