Apple v. State

Walter Apple III appeals the trial court’s denial of his motion for arrest of judgment, his 'conviction and sentence. We reverse.

Apple was charged by Information with DUI manslaughter1 and felony DUI (three or more prior convictions)2 stemming from a motorcycle and truck collision which occurred on March 28, 1997, and resulted in the death of Apple’s motorcycle passenger. The trial court instructed the jury on vehicular homicide3 as a category two lesser included offense of DUI manslaughter over Apple’s objection.4 Apple was found guilty and convicted of vehicular homicide. Apple filed a…