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Burnett v. State9/17/1999
that § 32-5A-192, Ala. Code 1975, as written, makes what would otherwise be a traffic violation, i.e., a misdemeanor citation issued by a law enforcement officer, a felony due only to the fact that a death was proximately caused by the violation. The Alabama Supreme Court in Ex parte Long, 600 So.2d 982 (Ala. 1992), stated that vehicular homicide must reside in the continuum of the lesser included offenses of murder somewhere between criminally negligent homicide and manslaughter. Accordingly, the state of mental culpability for vehicular homicide is somewhere between aggravated or gross negligence -- the required mental state for criminally negligent homicide -- and recklessness -- the required mental state for manslaughter. The main opinion requires nothing close to this level of mental culpability in its definition of "unlawfully." Essentially, the majority permits a felony conviction for a violation causing death that could be without either negligence or recklessness.
In Conclusion, because I do not believe that the main opinion provides a clear and precise concept of the degree of mental culpability required under § 32-5A-192, Ala. Code 1975, I must Dissent.
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