Montague v. State

Josephine Linker Hart, Judge.

A jury found the appellant guilty of negligent homicide and driving while intoxicated (DWI). He appeals, contending that DWI is a lesser-included offense of negligent homicide and that the trial court erred in sentencing him separately on that count. We agree.

On July 17, 1997, at approximately 5:35 a.m., appellant was driving home when his vehicle crossed the center line of the road and entered the path of a vehicle driven by Nick Elliot causing a collision that resulted in Elliot’s death. Appellant admitted drinking beer prior to the accident, and a blood test,…