Abney v. State

OPINION

SULLIVAN, Judge.

Following a jury trial, Appellant, Lanny Abney, was convicted of Operating a Vehicle While Intoxicated Causing Death, a Class C felony, and Operating a Vehicle with .10% or More Alcohol in Blood Causing Death, a Class C felony. 1 He presents three issues upon appeal; however, we find one to be dispositive and restate as: whether a jury instruction that "contributing cause" is the appropriate level of causation required for conviction is a correct statement of the law.

We reverse and remand.

The record reveals that at 2:56 a.m. on July 9, 1999, the Marion County's…