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This section contains the nature of the case and procedural background.

D spent most of the day drinking downing approximately twenty beers over the course of several hours. D and his long-time girlfriend, Beulah Dean, arrived at the Veterans of Foreign Wars club and stayed there until approximately 8:00 p.m., with D continuing to drink beer. They left the VFW with D driving. D made a left turn directly in front of an oncoming car. When the paramedics arrived a few minutes later, Beulah Dean was bleeding from her head and was completely unresponsive. She was taken to the hospital, where she died a short time later. When police arrived, D staggered when he walked, he leaned on his car for balance, and he smelled of alcoholic beverages. D's blood-alcohol level tested at .27 percent. D had six prior convictions for driving while intoxicated, and his driver's license had been revoked for the ten years preceding this incident. D was not eligible to obtain a driver's license until 2018. D was on probation, and one of his conditions of probation was to refrain from drinking alcoholic beverages. Four times previously, D had refused to participate in court-ordered alcohol treatment programs. D was charged with manslaughter but was later re-indicted for second-degree murder. D was convicted. D appealed.

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