Gargone v. State

JORGENSON, Judge.

Phillip Gargone appeals his convictions and sentences for manslaughter by operating a motor vehicle while intoxicated and manslaughter by culpable negligence. He claims that the numerous errors committed at his trial rendered the proceedings fundamentally unfair and, therefore, entitle him to a new trial. We agree and, for the reasons which follow, reverse the convictions and remand for a new trial.

The first error presented by Gargone, the improper admission into evidence of the results of his blood-alcohol test, compels our reversal. We consequently do not address the…