A Cobb County jury found Candida Summerlin guilty but mentally ill on two counts of criminal attempt to commit malice murder, two counts of criminal attempt to commit felony murder, two counts of aggravated assault on a peace officer, two counts of hit and run, two counts of criminal damage to property in the first degree, and one count each of aggravated battery, fleeing or attempting to elude a police officer, and interference with government property.1 Summerlin appeals from her convictions and the denial of her motion for new trial, contending that: 1 the verdict was erroneous because she proved her insanity defense; 2 the trial court erred in denying her motion for new trial based on newly discovered evidence; 3 the trial court erred in denying her motion for directed verdict on the criminal attempt to commit felony murder charges; 4 the trial court erred in charging the jury; and 5 the trial court erred in allowing certain hearsay testimony. For the following reasons, we affirm.
Viewed in the light most favorable to support the verdict,2 the evidence presented at trial showed that on May 31, 2013, Summerlin drove to the work-release facility at the Cobb County detention center. She parked in front of the building in an area normally reserved for Sheriff’s Office vehicles, playing her radio loudly. Lieutenant Westenberger approached Summerlin and told her that she had parked in a restricted area and that she needed to move her vehicle to a different area of the parking lot. Summerlin responded to Lieutenant Westenberger in an angry tone, and she glared at the officer as she was putting on her seatbelt. As Lieutenant Westenberger was walking away from the vehicle, Summerlin revved up her engine and accelerated toward the officer, striking her with the front of the vehicle. Sergeant Kite observed Lieutenant Westenberger as she was rolling off the top of the moving vehicle, and he ran out of the building and tried to stop Summerlin. Summerlin then accelerated and veered her vehicle toward Sergeant Kite, striking him as well. When Summerlin’s vehicle hit a nearby curb and a signpost, disabling her vehicle, Sergeant Kite approached the vehicle and placed Summerlin under arrest. The jury found Summerlin guilty but mentally ill of all counts charged in the indictment.
