Criminal Practice – DWI – Sentencing – Aggravating Factor — $1,000 Damage – Blakeley – Harmless Error – Restitution

Criminal Practice – DWI – Sentencing – Aggravating Factor — $1,000 Damage – Blakeley – Harmless Error – Restitution (access required)

State v. Wood Even though the trial court should have allowed the jury to decide the aggravating-factor issue of whether defendant’s negligence led to an accident causing more than $1,000 in property damage, the voir dire testimony of the victim of that accident clearly established that the damage to his vehicle could be repaired for approximately $1,600. The trial court’s error was harmless beyond a reasonable doubt.

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