A-17-0726, State v. Kevin Malone (Appellant)

Douglas County, District Court Judge Shelly R. Stratman

Attorney for Appellant:  William F. McGinn (McGinn, Springer & Noethe)

Attorney for Appellee:  Melissa R. Vincent (Attorney General’s Office)

Criminal Action:  Motor Vehicle Homicide; Manslaughter; Leaving the Scene of a Personal Injury Accident; Driving without an Ignition Interlock Device

Action Taken by Trial Court:  A jury found appellant guilty of motor vehicle homicide, manslaughter, leaving the scene of a personal injury accident, and driving without an ignition interlock device, and the trial court entered judgment on the verdicts. The trial court sentenced appellant to 40 to 50 years’ imprisonment on count I, 20 to 20 years on count II, 1 to 5 years on count III, and 1 to 1 year on count IV.

Assignments of Error on Appeal:  Did the trial court err in denying appellant’s motion for directed verdict on counts I and II? Did the trial court err in failing to acquit appellant on counts I and II? Did the trial court impose excessive sentences?