People v. Zweygardt

Opinion by

Judge HAWTHORNE.

¶ 1 Defendant, Dylan T. Zweygardt, appeals the judgment of conviction entered on jury verdicts finding him guilty of two careless driving resulting in death counts, one negligent homicide count, and three vehicular assault (reckless) counts. We affirm.

¶ 2 We conclude, as a matter of first impression, that careless driving is not a lesser included offense of vehicular assault (reckless).

¶ 3 While driving a pickup truck, defendant was speeding, failed to stop for a stop sign, and hit a Dodge Durango occupied by Y.S. and her two children, D.S. and V.S. Y.S. was…