Whitaker v. State

OPINION

BARNES, Judge.

Case Summary

John Whitaker appeals his conviction for reckless homicide, a Class C felony. We reverse.

Issue

The dispositive issue is whether there is sufficient evidence to sustain Whitaker’s conviction. 1

Facts

The evidence most favorable to the conviction reveals that on the morning of August 22, 2001, Whitaker traveled south in his tanker truck on State Road 57 in Gibson County, a two-lane highway. He followed two to four car lengths behind a car driven by Kim Cox and traveled at around sixty miles per hour, which was five miles per hour above the speed limit. At…