Cutter v. State

Blackburn, Presiding Judge.

Following a jury trial, Vernell Cutter appeals the sentence portion of his conviction for reckless driving and for committing second degree vehicular homicide, contending that the trial court should have merged the two crimes for sentencing purposes and that the court improperly credited the prison time Cutter had served prior to trial. Discerning no error, we affirm.

Construed in favor of the verdict, the evidence shows that while driving his vehicle at an excessive rate of speed (80 mph in a 55-mph zone), Cutter was erratically weaving in and out of traffic during…