State v. Yarborough

930 P.2d 131 (1996)

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Nature of the Case

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Facts

This case involves a multiple-car accident on Interstate 25 between Santa Fe and Albuquerque. An accident occurred around 1 in the morning, and more people stopped, and the two who initially collided argued with each other while their vehicles were still on the road. More people stopped. D and his girlfriend, Victoria Bertch, were traveling towards Albuquerque in his van. D testified that he did not see the accident until he was within a couple hundred feet and that he decided not to apply his brakes because he believed he would have more control if they did not lock. He tried to drive through the accident scene, and his van struck the back of a station wagon at an estimated speed of fifty-four to sixty-two miles per hour, knocking the station wagon into another car. Four-year-old Steven Kumagai was in the back of the station wagon and died shortly after the accident as a result of severe head and neck injuries. D failed a field sobriety test administered by a police officer. Several witnesses testified that D appeared intoxicated. A partially filled bottle of vodka and plastic cups filled with ice and vodka were found in the van. Dh was indicted on one count of homicide by vehicle. D admitted that he did not 'attend to everything' while he was driving. P tendered a jury instruction for the offense of involuntary manslaughter by careless driving, arguing that it is a lesser-included offense of homicide by vehicle. D was convicted of involuntary manslaughter by careless driving and was acquitted of all the other charges. D appealed. The Court of Appeals held that a felony conviction cannot be based upon a misdemeanor traffic violation, careless driving, which requires only a showing of civil negligence. P appealed.