DOLLIVER, J.
Jason L. Kenyon petitioned this court to review the Court of Appeals decision affirming his convictions for vehicular homicide and vehicular assault. The Court of Appeals assumed instruction 10, which permitted the jury to infer Kenyon drove in a reckless manner from the fact that he exceeded the speed limit, was unconstitutional but held the error was harmless. See State v. Kenyon, noted at
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