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State v. Morrison9/6/2005
Opinion Vote: AFFIRMED.
Smart, P.J. and Holliger, J., concur.
Opinion:
William Morrison challenges the sufficiency of the evidence to support his convictions for involuntary manslaughter, felony assault, and leaving the scene of an accident. He also contends the trial court plainly erred in accepting his waiver of a jury trial. We find no error and affirm the judgment.
FACTUAL AND PROCEDURAL HISTORY
Around midnight on August 8, 2001, William Morrison was driving eastbound on 23rd Street in Kansas City, Missouri. His vehicle was traveling at least seventy-two miles per hour in a zone with a posted speed limit of forty-five miles per hour. Morrison observed a Ford Explorer approximately a quarter mile to half a mile ahead of him, also heading eastbound. Morrison maintained his excessive speed until he was thirty-five feet directly behind the Ford Explorer. At that point, Morrison applied the brakes and his vehicle began to skid. His vehicle struck the rear of the Explorer, causing it to flip over and roll two to three times off the roadway. The driver and a passenger in the Explorer were injured. Another passenger, who was pinned underneath the Explorer, was pronounced dead at the scene.
Jacob Bliss witnessed the accident and stopped to provide assistance. Morrison was bleeding but told Bliss that he was okay. Bliss saw Morrison open the trunk of his vehicle to gather papers. Bliss also heard one of the occupants of the Explorer speak to Morrison about the accident, but Morrison did not otherwise approach the Explorer.
Anna Kankey drove by the scene and stopped when she saw Morrison, whom she knew from a recent relationship when they lived together. Kankey told Morrison she would take him to the hospital because he was bleeding. Morrison got in Kankey's car but then refused to be taken to the hospital. Kankey drove to her home, where Morrison retrieved a truck he had left there at an earlier date. Morrison drove to another friend Anna Kankey drove by the scene and stopped when she saw Morrison, whom she knew from a recent relationship when they lived together. Kankey told Morrison she would take him to the hospital because he was bleeding. Morrison got in Kankey's car but then refused to be taken to the hospital. Kankey drove to her home, where Morrison retrieved a truck he had left there at an earlier date. Morrison drove to another friend's home, parked the truck in the garage, and left the home in a different car. Morrison checked into a motel and stayed the night.
In September 2001, on the advice of his attorney, Morrison turned himself in at the police station. He was charged with one count of involuntary manslaughter, two counts of second-degree felony assault, one count of leaving the scene of a motor vehicle accident, and one count of driving with a revoked license. After waiving his right to a jury trial, Morrison was convicted of involuntary manslaughter, third-degree assault, second-degree assault, and leaving the scene of a motor vehicle accident. The court sentenced him to seven years on Count I (involuntary manslaughter), one year on Count II (third-degree assault) concurrent to Count I, four years on Count III (second-degree assault) consecutive to Counts I and II, and four years on Count IV (leaving the scene of an accident) consecutive to Counts I, II, and III, for a total prison term of fifteen years.
SUFFICIENCY OF THE EVIDENCE
In Points I and II of his appeal, Morrison contends the evidence was insufficient to support his convictions for involuntary manslaughter, two counts of felony assault, and leaving the scene of an accident. Our review of these points is li
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