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FOWLER v. STATE

No. CR-13-868.

441 S.W.3d 41 (2014)

2014 Ark. App. 460

Michael Gene FOWLER, Appellant v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

Rehearing Denied October 22, 2014.

Attorney(s) appearing for the Case

Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks, for appellant.

Dustin McDaniel, Att'y Gen., by: Kathryn Henry, Ass't Att'y Gen., and Richmond Giles, Law Student Admitted to Practice Pursuant to Rule XV of the Rules Governing Admission to the Bar of the Supreme Court under the supervision of Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.

WAYMOND M. BROWN, Judge.

Appellant appeals his conviction by jury of negligent homicide, for which he was sentenced to forty years in the Arkansas Department of Correction.1 His sole point on appeal is that the State failed to prove an essential element of negligent homicide, specifically, that it failed to prove that his blood alcohol content (BAC) was 0.08 or more at the time of the accident. We affirm.

On August 15, 2012, after...

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