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Wilkes v. State

Evidence that the defendant drove a tractor-trailer truck at an excessive rate of speed through a portion of highway under construction and hit the back of the victims' vehicle killing the passenger and injuring the driver supported his convictions for vehicular homicide and serious injury by vehicle.

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A jury found Raymond Wilkes guilty of homicide by vehicle in the first degree for causing the death of M. S. and guilty of causing serious injury by vehicle to M. S.’s mother. Wilkes appeals his conviction of homicide by vehicle, contesting the sufficiency of the evidence. Because the evidence was sufficient to sustain the conviction, we affirm.

Viewed in a light favorable to the verdict, the evidence adduced at trial showed that on July 1, 1998, at about 3:00 p.m., M. S. was a passenger in a Buick Century car driven by her mother as they traveled north on Interstate 95 in Camden County. Visibility was clear. Traffic was congested. Along that stretch of the interstate, a third lane was under construction. Barrels had been placed along both sides of the road, and construction equipment and workers were in the area. A sign warned, “Watch for slow moving traffic.” In addition, traffic was being diverted off the interstate at an exit about two miles ahead. This caused cars to slow down to merge into the right lane to exit. Although the speed limit had dropped from 70 to 55 mph in the construction zone, most vehicles, including the one in which M. S. was a passenger, had actually slowed to about 20 to 25 mph to take the detour.

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