Dworkin v. State

Birdsong, Presiding Judge.

Ronald Dworkin appeals his judgment of misdemeanor conviction and sentence of fleeing the scene of an accident; his sole enumeration of error is insufficiency of evidence. At trial without a jury it was stipulated by the prosecution and defense, that appellant was, in fact, the driver of the vehicle that struck the victim. The so-called “knowledge element . . . the scienter element of the crime” was contested.

The victim and his son were walking along the shoulder of the road facing on-coming traffic; appellant’s car approached and edged over without any erratic…