Berube v. State

THOMPSON, E., Senior Judge.

Mark Berube challenges his vehicular homicide conviction, contending that the trial court erred in denying his motion for judgment of acquittal on the theory that the State failed to show that he was driving in a reckless manner sufficient to prove vehicular homicide. Because we agree that Berube did not act with the requisite level of recklessness, we reverse his conviction and direct that he be discharged.

Witnesses to the vehicle collision described a sunny weekday afternoon on a busy stretch of U.S. 192 between Kissim-mee and St. Cloud. The dump truck driver…