Abernathy v. State

Deen, Presiding Judge.

The appellant, Janet Abernathy, was convicted of second degree vehicular homicide and no proof of insurance. On appeal, in addition to contending that the evidence was insufficient to support the convictions, Abernathy enumerates as error the denial of her motion to sever and the trial court’s failure to instruct the jury on criminal negligence as the mens rea for misdemeanor vehicular homicide.

The evidence showed that as Abernathy attempted to pull out onto a road from a shopping center parking lot, a motorcycle collided with her car. The motorcyclist died from the…