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Tran v. State,
2007 OK CR 39 (October 19, 2007): 1) Leaving the Scene; 2) Rule of Lenity: Tran was driving his truck on I-44 in Oklahoma City, transporting a leather loveseat. The loveseat fell out of the truck and onto the highway. A Lincoln Navigator came upon the loveseat on the highway, swerved to avoid it, and ended up losing control, rolling, and killing three adults who were ejected and killed (three children, restrained, survived). Police traced the loveseat back to Tran (by using good investigative techniques, tracing the manufacturer and the material that composed the loveseat). Tran told police that he knew the loveseat fell out of his truck, but when he went back for it and saw the wreckage, he got scared and left the scene. Tran was charged with Leaving the Scene of an Accident Resulting in Death. The District Court granted the Motion to Quash and DISMISSED this count, holding that the statute requires the vehicle itself to be involved in the accident; and Tran's vehicle was not involved in the accident. The State appealed and the Court of Criminal Appeals AFFIRMED, applying the rule of strict construction to criminal statutes. Very good case!
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