State v. Altman

DILLON, Judge.

Defendant Richard Anthony Altman appeals from the trial court's judgment entering a jury verdict convicting him of felony death by vehicle and impaired driving. After thorough review, we find no error in the jury's verdict, but vacate the conviction and sentence for impaired driving because it is a lesser-included offense of felony death by vehicle.

I. Background

This case arises from a motor vehicle accident on River Road in Chowan County. The evidence presented at trial tended to show as follows:

On 30 August 2014, Defendant and his two sons attended a pig picking. Defendant was…