State v. Cunningham

SCHLEGEL, Judge.

Defendant-appellant Angela Cunningham was charged with the. class D felony of homicide by vehicle, a violation of Iowa Code § 707.6A(1). A jury found her guilty, and the court sentenced her to a term of imprisonment not to exceed five years. She has appealed. We reverse and remand for a new trial.

On July 14, 1988, Angela Cunningham and Lorree Burkholder were involved in a one-vehicle accident. Cunningham was thrown from the car, and Burkholder, the passenger, died when she was pinned under the car.

Investigating officers concluded the accident occurred because Cunningham was…