Fine v. State

OPINION

COATS, Chief Judge.

Ray William Fine was convicted of erimi-nally negligent homicide, assault in the third degree, and driving while intoxicated. Superior Court Judge Larry D. Card sentenced Fine to nine years with two years suspended, revoked his driver's license for the remainder of Fine's life, and ordered him to pay $57,804 in restitution. Fine appeals, arguing his sentence is excessive. We agree with Fine and remand the case for resentencing.

On May 31, 1999, driving while intoxicated, Ray William Fine crossed over the center line and struck a motorcycle driven by Lyman Smith, who…