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State v. Bailey4/6/2005
Because we find merit in assignment of error number two and reverse the defendant's conviction, the remaining assignments of error need not be addressed.
DECREE
The defendant's conviction is reversed and set aside. It is ordered that an acquittal be entered on the record.
CONVICTION REVERSED AND SET ASIDE; APPELLANT ACQUITTED.
AMY, J., dissenting.
I respectfully dissent from the reversal of the defendant's conviction. After review of the record, I find an affirmation required. The State presented testimony indicating that the level of the defendant's intoxication restricts peripheral vision, impairs reaction time, and increases the likelihood of errors in judgment in gauging speed and distances. An eyewitness testified that he was traveling approximately 55-60 miles per hour and that the defendant approached his truck from the rear. The driver explained that the defendant would have had to either slow her speed or change lanes in order to avoid hitting him. The investigating State Trooper testified that there were no skid marks from the defendant driver's vehicle that would indicate an evasive maneuver. Given this testimony, I conclude that the record supports a determination by the jury that the defendant's intoxication contributed to the fatal accident and that, although the evidence as to this element was limited, it was proven beyond a reasonable doubt. The jury members reached their determination regarding contribution of the defendant's intoxicated condition after hearing both the State's witnesses and the contrary expert testimony offered by the defendant. The jury was free to find in favor of the evidence presented by the State.
As I find that the record supports the jury's verdict, I conclude that the conviction should be affirmed.
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