State v. David

¶1 Andrew David appeals his conviction and sentence for vehicular homicide, resulting from his speeding vehicle’s collision with another vehicle while driving with his blood alcohol level at twice the legal limit. He argues that (1) the vehicular homicide statute violates the separation of powers doctrine, (2) the trial court abused its *473discretion when it (a) admitted into evidence a photograph of the victim when she was alive and unharmed and (b) refused to admit into evidence the victim’s toxicology report, (3) the trial court failed to instruct the jury on how to determine whether a blood…