State v. Smith

OPINION

ROSS, Judge.

Eddie Smith was driving drunk when his car collided with another one in which 93-year-old Edith Schouveller was a passenger. Schouveller was hospitalized with a brain injury, scalp laceration, and multiple spinal fractures. She remained hospital*727ized and contracted pneumonia, requiring intubation to breathe. But her do-not-resuscitate order prevented doctors from ordering the intubation procedure, and she died. A jury found Smith guilty of criminal vehicular homicide and criminal vehicular operation. Smith appeals, arguing that the superseding event of Schouveller’s…