State v. Whitmore

ARROWOOD, Judge.

Marquis Jarvis Whitmore ("defendant") appeals from judgment entered on his conviction of felony death by vehicle. For the reasons stated herein, we find no error in defendant's trial and remand for resentencing.

I. Background

On 9 March 2015, a Halifax County Grand Jury indicted defendant for second degree murder, aggravated felony death by motor vehicle, assault with a deadly weapon, and careless and reckless driving.

The matter came on for trial on 5 February 2018 in Halifax County Superior Court, the Honorable Cy A. Grant presiding. The State's evidence tended to show as…