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[T] State v. Reed1/15/2003
Allen Reed appeals his convictions for homicide by vehicle, nonconsensual termination of a pregnancy, serious injury by vehicle, and leaving the scene of a personal injury accident. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.
Allen Reed appeals his convictions for homicide by vehicle, in violation of Iowa Code section 707.6A(2) (1999); nonconsensual termination of a pregnancy, in violation of section 707.8(2); serious injury by vehicle, in violation of section 707.6A(4); and leaving the scene of a personal injury accident, in violation of section 321.261.
He claims: (1) the State did not present sufficient evidence to support his convictions; (2) he should receive a new trial; (3) the court should have granted his motion in limine; (4) the court should have granted his motions for mistrial; (5) he received an illegal sentence on the charge of leaving the scene of a personal injury accident; and (6) he received ineffective assistance of counsel. We affirm Reed's convictions, but remand for resentencing.
I. Background Facts & Proceedings
On December 20, 2000, at about 1:15 p.m., Phuoc Nguyen was driving westbound on I-80 with six co-workers in his Nissan minivan. Audrey Querin was standing on the left side of the westbound road waving a flare to alert drivers that her husband, Theodore Querin, and son, Scott Querin, were attempting to remove a vehicle from the median between the eastbound and westbound roads. Theodore had parked his pickup on the right side of the westbound road. Because of the Querins' activities, traffic in this area slowed down to about fifty miles per hour.
Nguyen was driving behind Jennifer Clark, and in front of Allen Reed, who was driving a semi-tractor without a trailer. Once past the Querins, Clark "noticed a semi that was coming pretty fast up on a van that was directly behind me." Reed's semi struck the rear end of Nguyen's minivan, sending the minivan into the ditch. There was no physical evidence to show Reed applied the brakes prior to the collision. One of the passengers, Ha Nguyen, died as a result of injuries sustained in the crash. Another passenger, Kim Mae Ran, was injured and suffered a miscarriage due to the collision.
Clark testified that after she saw the minivan go into the ditch, she was forced to floor the accelerator because the semi was coming up behind her. Reed left his semi at the scene of the accident, but did not personally remain. He later turned himself over to police officers. Prior to trial, he pled guilty to leaving the scene of a personal injury accident. The other charges were tried before a jury.
The State alleged Reed was driving recklessly at the time of the collision. The State presented evidence Reed had two bottles of beer shortly before he drove. Senior Trooper Robert Smith, a technical collision investigator, testified that to cause the damage that occurred in this case the semi was going about twenty-five miles per hour faster than the minivan. Smith testified Reed had several options, including going to the left lane, going onto the right shoulder, or reducing speed, rather than hitting the minivan. Sergeant Randy Bulver, the supervisor of the State Technical Collision Investigation Unit, also testified the semi was going about twenty to thirty miles per hour faster than the minivan at the time of the collision.
A jury returned verdicts finding Reed guilty of vehicular homicide, nonconsensual termination of a human pregnancy, and serious injury by vehicle. The district court denied Reed's posttrial motions. Reed was sentenced to terms of imprisonment not to exceed ten years on the first two counts, to be served concur
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