Jenkins v. State

This appeal stems from a tragic automobile collision caused by Vicky Jenkins while she was driving under the influence of alcohol. As the victim was waiting at a railroad crossing for a train to pass, Jenkins drove her pickup truck into the rear of the victim’s car and rammed it into the train. The victim’s injuries left her paralyzed from the chest down. Following trial, a jury found Jenkins guilty of one count of driving under the influence of alcohol to the extent it was less safe for her to drive, one count of driving with an alcohol concentration of more than 0.10 grams, and one count of causing a serious injury by vehicle. At sentencing, the trial court merged both counts of driving under the influence into Jenkins’ conviction for causing a serious injury by vehicle. Jenkins appeals, asserting that the trial court erred by failing to merge the driving under the influence counts prior to trial and in admitting certain evidence. Finding no error, we affirm.

1. Jenkins asserts that the trial court should have merged the charges against her prior to trial and that its failure to do so resulted in the admission of prejudicial evidence. Jenkins has not shown, however, that she ever raised this issue before the trial court.1 Under these circumstances, she has waived appellate review of the matter.2 Furthermore, even if Jenkins had preserved the issue, we are aware of no authority, and she has not cited any, that required the court to merge the counts prior to trial.