State v. VanWert

OPINION

L.J. IRVINE, Judge * .

Richard James VanWert was convicted by a jury of two counts of criminal vehicular operation resulting in injury. On appeal from the judgment of conviction and denial of his motion for acquittal or a new trial, VanWert argues that the trial court erred in its additional instruction to the jury on the issue of whether the state was required to prove negligence separate from driving while under the influence of alcohol or driving with a blood alcohol of .10 more. He also contends that the trial court erred by dispositionally and durationally departing from the…