This section contains the nature of the case and procedural background.

D was driving in a construction zone anywhere from 62-68 mph. The posted limit was 75, but it was recommended that 55 be maintained through the construction zone. Suddenly, D's Ford Explorer in a split second crossed the center line and drove into the closed lane, hit two people and killed them. D was convicted of second-degree manslaughter under a statute that defined the crime as the reckless killing of another. After the accident, D claimed that he did not know what happened and had not even realized he hit a second worker until after the accident had occurred. There was no evidence as to what caused D to drift out of his lane, and there was no evidence of a pattern of erratic behavior or that D was under the influence of drugs or alcohol. D appealed; there was insufficient evidence of 'recklessness' to support the convictions because his conduct did not rise above mere negligence or inadvertence, and therefore, the trial court should have granted his motion for judgment of acquittal.

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