State v. Denton

STROUD, Judge.

*633 Defendant appeals his conviction for felony death by vehicle. The trial court erred by admitting lay opinion testimony identifying defendant as the driver of the vehicle at the time of an accident in which an occupant of the car was killed where the expert accident reconstruction analyst was unable to form an expert opinion based upon the same information available to the lay witness. We therefore reverse defendant's conviction and grant defendant a new trial.

I. Background

On 1 August 2014, defendant and Danielle Mitchell were both in a car when it ran off the road and wrecked;…