State v. Arambul

Rose M. Arambul appeals her bench trial conviction of negligent homicide by a motor vehicle. The sole issue is whether Miss Arambul was operating a motor vehicle at the time the fatal accident occurred. Although the issue is not unique, the factual background underlying the issue is. We hold she was the operator and affirm the conviction.

The facts are undisputed. On April 30, 1982, the 17-year-old defendant was riding as a passenger in a 1980 Jeep. She was seated in the middle of the front seat between the driver and Tammy Davis, age 16, who was seated next to the door on the passenger side.…