JACKSON, Miss. (WJTV) – The Mississippi Court of Appeals overturned one of Beth Ann White’s convictions and affirmed her other convictions.
White was convicted of causing a Hinds County crash that killed a mother and her six-month-old son. The jury found White guilty of four counts of aggravated DUI and a fourth count of DUI, a felony in Mississippi.
White was convicted of the November 2021 crash that killed Allison Conaway and her six-month-old son, Alex. Conaway’s two other children, Chelsea and Chloe, suffered life-threatening brain and spinal cord injuries in the crash. The girls survived.
Judge Winston Kidd sentenced White to a total of 110 years in the Mississippi Department of Corrections (MDOC). She was sentenced to 25 years on each count of aggravated DUI and 10 years on the fourth DUI count.
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White appealed her sentence, arguing that the state’s prosecution began after the statute of limitations for her crime had expired, that the prosecution was barred by double jeopardy and that the state committed prosecutorial misconduct.
After reviewing the case, the Mississippi Court of Appeals said the statute of limitations had expired on White’s fourth DUI charge.
“We find no error in the prosecution of an aggravated DUI on statute of limitations or double jeopardy grounds. Finally, White did not show prejudice as a result of alleged prosecutorial misconduct,” the appeals court ruled.
Beth Ann White (Courtesy of MDOC)
According to the court, White’s aggravated DUI prosecution began at least after the charges were filed in March 2022. The December 2023 aggravated drunk driving prosecution is not a new prosecution but a continuation of one already underway.
However, the court said a fourth count of drunken driving was added to the December 2023 indictment, the first time prosecution of that charge began. The state’s prosecution is barred because the indictment was returned after the crime’s two-year statute of limitations had expired. The court overturned her conviction on that charge and issued a judgment barring prosecution.
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“We do not believe that the state’s comments regarding plea negotiations caused any prejudice to White. Accordingly, we affirm White’s convictions on four counts of aggravated DUI. In light of our reversal of White’s conviction on the fourth DUI count, we remand to the circuit court for consideration of resentencing on those convictions,” the appeals court ruled.
White is currently incarcerated at the Central Mississippi Correctional Facility (CMCF).
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