STATE v. FREELAND

Nos. 1 CA-CR 89-1111, 1 CA-CR 89-1628PR.

176 Ariz. 544 (1993)

863 P.2d 263

STATE of Arizona, Respondent-Appellee, v. Thomas Gerald FREELAND, Petitioner-Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied December 15, 1993.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., and R. Wayne Ford, Asst. Atty. Gen., Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for respondent-appellee.

George M. Sterling, Phoenix, for petitioner-appellant.


OPINION

FIDEL, Chief Judge.

In a collision caused by an intoxicated driver, the victim's injuries were enhanced because he was not wearing his seat belt. In this combined appeal and petition for review, we consider among other issues whether the victim's failure to wear a seat belt constitutes an intervening, superseding cause that relieves the intoxicated driver of criminal responsibility for the victim's enhanced injuries. We conclude that it does not.<...

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