Gibson v. State

OPINION

BARNES, Judge.

Case Summary

Robert Gibson appeals the sentence imposed following his plea of guilty to Class C felony operating a vehicle while intoxicated resulting in death, Class C felony operating a vehicle with a blood alcohol content exceeding .08 resulting in death, and Class C felony reckless homicide. We reverse and remand.

Issue

The sole restated issue before us is whether Gibson was properly sentenced.

Facts

On August 6, 2005, Gibson drove his vehicle after having ingested alcohol and Xanax. At approximately 7:30 p.m., Gibson attempted to pass a line of several cars in a…