ROUEN v. State

Mikell, Judge.

Following a jury trial, Howard Rouen was found guilty of homicide by vehicle in the first degree (based on the predicate offense of felony hit-and-run) 1 and of felony hit-and-run. 2 The trial court merged the felony hit-and-run count into the vehicular homicide count and sentenced Rouen to ten years in prison on the vehicular homicide count. Rouen appeals the denial of his amended motion for new trial, asserting that the trial court erred in failing to charge the jury on the law of accident, in failing to resentence him for felony hit-and-run under the rule of lenity, and in…