Hobbs v. State

The trial court erred in applying the recidivist statute, O.C.G.A. § 17-10-7 subsection a, to the defendant's misdemeanor convictions as well as his felony conviction.

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Alan Scott Hobbs was convicted of making terroristic threats,1 improperly backing a vehicle,2 failing to stop at or return to the scene of an accident,3 and reckless driving as a lesser included offense of driving under the influence of alcohol.4 He appeals following the denial of his motion for new trial, asserting errors relating to the court’s instructions to the jury and to sentencing. For the reasons that follow, we affirm his convictions but vacate his sentence as to the misdemeanor counts and remand the case for resentencing.

Viewed in the light most favorable to the verdict,5 the evidence at trial showed the following. J. B. testified that at about 10:30 a. m. on June 1, 2006, he was test-driving a motorcycle on Belair Frontage Road when he looked in his rearview mirror and saw that a car was right on his bumper. J. B. sped up to put some distance between the two vehicles, but the car, which Hobbs was driving, continued to closely follow the motorcycle. When J. B. applied the brakes on the motorcycle, Hobbs pulled alongside him and, with the car window down, yelled, I’ll fing kill you J. B. testified that Hobbs kept shouting obscenities, telling me he’ll run me over, knock me down, kill me. Hobbs then maneuvered his car such that it forced the motorcycle into the lane for oncoming traffiC.J. B. brought the motorcycle to a stop; Hobbs pulled behind J. B. and drove his vehicle into the rear of the motorcycle. J. B. turned off the motorcycle, dismounted, and took a few steps back, basically clearing myself from the scene. Hobbs then backed his car up, and drove it forward over the motorcycle. J. B. ran to Hobbs’s car, reached through the window, and punched Hobbs. Hobbs backed his car up, striking a truck stopped behind him, and drove away. The police were called, and when they arrived J. B. gave officers Hobbs’s license plate number and other information. At trial, J. B. identified Hobbs as the car’s driver.

Hobbs v. State

The trial court erred in applying the recidivist statute, O.C.G.A. § 17-10-7 subsection a, to the defendant's misdemeanor convictions as well as his felony conviction.

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