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State v. Meyer6/19/2002
Defendant appeals his conviction and sentence for vehicular homicide in violation of Iowa Code section 707.6A(2)(a) (1999). AFFIRMED.
David Meyer, Jr. appeals his conviction and sentence for vehicular homicide in violation of Iowa Code section 707.6A(2)(a) (1999). He contends (1) the trial court erred in denying his motion for adjudication of law points because the State could not prove his driving was the proximate cause of the victim's death, and (2) his conviction for vehicular homicide is not supported by substantial evidence on the element of causation. We affirm.
I. BACKGROUND FACTS.
David Meyer, Jr. drank beer after work on January 16, 2000, and then fell asleep behind the wheel as he drove home. Meyer, who had a blood alcohol level of .107, swerved down Interstate 29 at eighty-five miles per hour. He nearly rear-ended several cars and ultimately crashed into a truck being driven by sixty-four-year-old Melvin Carr. Carr was thrown from his truck and suffered extensive severe injuries, including fractured cervical vertebrae, torn spinal ligaments, and a broken pelvis.
On January 19, 2000, Dr. Ralph Reeder performed surgery on Carr, who had a history of heart disease, to fuse his vertebrae. Carr survived the surgery, but fluid began to build in his lungs. On January 20, 2000, Carr went into cardiac arrest. He died the next day after life support was withdrawn.
The State charged Meyer with Count 1, vehicular homicide in violation of section 707.6A(1) (unintentionally causing the death of another by operating while intoxicated, a class "B" felony), Count 2, vehicular homicide in violation of section 707.6A(2)(a) (unintentionally causing the death of another by driving a motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, a class "C" felony), and Count 3, second-offense operating while intoxicated in violation of section 321J.2. Meyer filed a motion for adjudication of law points, alleging Carr died from heart problems unrelated to the accident. The court overruled his motion, finding that the stipulated evidence set out in the minutes of testimony and depositions would tend to prove that Carr would not have died if he had not been in the accident, and that Meyer's conduct created the kind of dangerous condition which made the death more likely to occur.
After Meyer's motion was overruled, the parties entered into a disposition agreement. Pursuant to the agreement, the State dismissed Count 1, Meyer waived a jury, and his case was submitted to the district court for trial on Counts 2 and 3. The parties' agreement included a stipulation as to certain facts and an agreement regarding the sentence Meyer would receive if found guilty by the district court. During his bench trial, the court overruled Meyer's motion for directed verdict. The court found him guilty of vehicular homicide as charged in Count 2 and second-offense operating while intoxicated as charged in Count 3. Defendant was sentenced to an indeterminate, ten-year term of imprisonment for vehicular homicide and an indeterminate, two-year term of imprisonment for operating while intoxicated, to be served concurrently. Meyer appeals.
II. MOTION FOR ADJUDICATION OF LAW POINTS.
Meyer first contends the trial court erred in overruling his motion for adjudication of law points. Meyer's motion addresses the issue of legal causation. He contends the facts alleged in the minutes of testimony and depositions submitted to the district court, even if assumed to be true, do not support the finding that he caused Carr's death. Noting Carr's extensive history of heart problems, Meyer argues the evidence does
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