Gilpatrick v. State

Birdsong, Presiding Judge.

Appellant Marvin Keith Gilpatrick appeals his final judgment of conviction in a bench trial on the sole ground that the trial court erred in denying his post-judgment motion for correction of sentence.

Appellant was found not guilty of reckless driving and vehicular homicide in the first degree, but was convicted of the lesser included misdemeanor offense of vehicular homicide in the second degree, speeding, passing in a no-passing zone, and improper lane usage. All of these offenses were averred in the indictment as occurring on July 4,1994. At trial, witnesses…