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Dickson v. State

The Court affirmed defendant's convictions for first degree vehicular homicide, serious injury by vehicle, possession of a schedule IV controlled substance and driving on the wrong side of the road, but vacated his conviction for driving under the influence of a controlled substance and remanded for resentencing, because a lesser included DUI predicate offense may not stand as a separate conviction when the defendant has been convicted of vehicular homicide.

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James Dickson appeals his convictions for first degree vehicular homicide, serious injury by vehicle, possession of a schedule IV controlled substance, driving under the influence of a controlled substance, and driving on the wrong side of the road. He argues that the evidence is insufficient to support the vehicular homicide, serious injury by vehicle, and DUI convictions. We find that the evidence was sufficient to support the vehicular homicide and serious injury by vehicle convictions. But because a lesser included DUI predicate offense may not stand as a separate conviction when the defendant has been convicted of vehicular homicide, we vacate Dickson’s DUI conviction and remand for resentencing.

Dickson also argues that the trial court erred by denying his motion for a mental examination, but Dickson has not shown that the trial court abused his discretion in finding no reasonable doubt as to Dickson’s competency and therefore no need for further proceedings on the matter. Finally, Dickson argues that trial counsel was ineffective, but he has not met his burden of showing deficient performance. Accordingly, we affirm in part, vacate in part, and remand for resentencing.

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