State v. Poirier

This is an appeal by defendant from a jury verdict which found him guilty of four offenses: manslaughter (13 V.S.A. § 2304); driving under the influence with a fatal accident resulting (23 V.S.A. §§ 1201(a)(2), 1210(b)) (hereinafter DUI/Fatal); driving while license suspended (23 V.S.A. § 674); and driving while intoxicated with injuries resulting (23 V.S.A. §§ 1201(a)(2), 1210(b)).

Defendant’s appeal raises four issues for our review. The first is whether the trial court erred in denying defendant’s motion to elect between charges; second, whether defendant’s motion for judgment of acquittal…