Brown v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Jeffrey Reed Brown appeals his conviction on two counts of first degree vehicular homicide, claiming that the court erred in failing to give his written request for an instruction on second degree vehicular homicide. Because evidence showed that the collision may have been caused by Brown’s traffic violations of following too closely 1 or failing to maintain his lane 2 (both of which he was also convicted in this case), we are compelled to hold that the court was required to give the requested instruction, and we must therefore reverse.

Constru…