Caffey v. State

Pope, Chief Judge.

Defendant James Caffey was indicted on six counts of vehicular homicide in the first degree and two counts of driving under the influence of alcohol. The jury found defendant guilty of the lesser included offense of vehicular homicide in the second degree (Counts 1-6) and found defendant not guilty of driving under the influence of alcohol (Counts 7 and 8). Defendant appeals from his conviction and the denial of his motion for new trial.

On January 10, 1992 at approximately 7:40 p.m., defendant was driving west on Glenwood Road. In the area where defendant was traveling,…