Wallace v. State

BAKER, Judge.

Defendant-appellant Donald Wallace appeals his conviction for criminal recklessness, a Class A misdemeanor.1 The sole issue Wallace raises for our review is whether the evidence is sufficient to sustain his conviction. We hold that it is not, and therefore reverse.

*865FACTS

Wallace is a truck driver. On June 11, 1989, he was traveling east at approximately 60 miles per hour in the right hand lane of Interstate 70 in Putnam County. He was driving a tanker truck loaded with grain alcohol. As he approached a slow moving vehicle, he moved into the left hand lane to pass. In the process,…