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Wright v. State

The defendant's two convictions for first degree homicide by vehicle and two convictions for serious injury by vehicle should have merged for sentencing, as there was only one victim to each crime.

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Following a jury trial, Marion Andy Wright appeals his conviction for two counts of first degree homicide by vehicle,1 two counts of serious injury by vehicle,2 and driving under the influence of a drug such that he was a less safe driver “DUI less safe”.3 Wright contends that 1 the evidence was insufficient to support a finding that he drove while impaired, 2 the evidence was insufficient to support a finding that he drove recklessly, 3 the trial court erred by admitting certain similar transaction evidence, and 4 certain charges should have merged for sentencing purposes. For the reasons that follow, we affirm the convictions, vacate the sentence, and remand for resentencing. Construed in favor of the verdict,4 the evidence shows that Wright was driving his truck some time after having consumed a combination of methadone, Xanax containing alprazolam, and Percocet. Wright crossed over the center line of the road and collided with an oncoming vehicle, killing the driver and injuring the passenger. Wright admitted to an investigating state trooper that he had ingested the drugs. A blood sample taken from Wright tested positive for methadone and alprazolam.

Wright was charged with three counts of vehicular homicide premised on reckless driving and two DUI theories, three counts of serious injury by vehicle premised on reckless driving and two DUI theories, and two counts of DUI less safe. Following a jury trial, he was convicted on two counts of vehicular homicide, two counts of serious injury by vehicle, and one DUI less safe count. He now appeals.

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