Etcheverry v. State

OPINION

The primary question on appeal is whether a jury instruction defining proximate cause was proper and, if not, whether appellant’s failure to object at trial precludes this court’s review. We hold that appellant’s failure to object was fatal. Further, the jury instructions were not in error. Appellant also alleges that the district judge abused his discretion in the sentencing process. We conclude that the district court acted properly.

THE FACTS

Terry Etcheverry (“Etcheverry”) was arrested for felony drunk driving following a serious collision with Bruce Costa (“Costa”) early in the…