State v. Miller

OPINION

FOLEY, Judge.

Appellant State of Minnesota challenges the trial court dismissal of three counts of an indictment charging respondent Wayne H. Miller with criminal vehicular operation resulting in death. We affirm.

FACTS

At approximately 9:30 p.m. on September 11, 1989, a semi-tractor trailer driven by Miller collided with a vehicle driven by Evelyn Grimm near the intersection of Highway 212 and Faxon Road in Carver County. Grimm and her two passengers died as a result of the collision. At the time of the accident, the road surface was dry and visibility was good.

While driving eastward on…