Utley v. State

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Robert E. Utley (“Utley”) appeals his conviction, after a jury trial, of Failure to Stop and Remain at the Scene of an Accident, a class C felony. 1 We affirm Utley’s conviction. However, we reverse and remand with instructions that the trial court vacate the restitution order. 2

Issues

I. Whether the trial court erred by refusing Utley’s tendered instruction regarding the charge of Reckless Homicide.

II. Whether the trial court erred in instructing the jury regarding the mens rea element of the offense of Leaving the Scene of an Accident.

III.…