Felske v. State

The primary issue in this case is whether the State must establish the voluntary driving of the vehicle and the voluntary consumption of alcoholic beverages in prosecuting a charge of aggravated vehicular homicide under § 31-5-1117(a), W.S. 1977, 1982 Cum.Supp. The constitutionality of the statute also is attacked for reasons similar to those argued in Armijo v. State, Wyo., 678 P.2d 864 (1984), and Hodgins v. State, Wyo., (No. 83-143 decided 9/11/85). We affirm the judgment of the district court because the constitutionality of the statute has been established in Armijo v. State and Hodgins v. State, and because the State did not fail to meet its burden of establishing the elements of the offense.