People v. Lipscomb

(Court opinion corrected 10/25/13.) Defendant was convicted, after bench trial, of aggravated fleeing or attempting to elude a police officer. Without competent evidence which reasonably tends to indicate speed of Defendant's vehicle, State did not prove beyond a reasonable doubt that Defendant was traveling at speed of at least 41 miles per hour (i.e. more than 21 miles per hour over legal speed limit). Evidence presented was clearly unsatisfactory and does not constitute proof of excessive speed element of offense charged. Convicted of aggravated fleeing is vacated, and degree of offense of conviction is reduced and judgment entered on lesser included offense of fleeing or attempting to elude a police officer. (HARRIS and SIMON, concurring.)