Smith v. the State

Rickman, Judge.

Following a jury trial, Quincy Alexander Smith was convicted of homicide by vehicle in the first degree for causing the death of another person while driving with an alcohol concentration of 0.08 grams or more (DUI per se). He argues, among other things, that the trial court committed reversible error in refusing to charge the jury on the lesser included offense of homicide by vehicle in the second degree and in admitting extrinsic act evidence. For the following reasons, we reverse Smith’s conviction and remand this case for a new trial.

On appeal from a criminal conviction, we…