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Bray v. State

The evidence supported the defendant's convictions on two counts of serious injury by vehicle after he had a head-on collision with an elderly couple while driving a stolen vehicle and caused them "serious disfigurement."

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Following a bench trial, the trial court found Kirk Devin Bray guilty of multiple offenses arising out of a police car chase and collision with another vehicle, including two counts of serious injury by vehicle, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Bray filed a motion for new trial, which the trial court denied. On appeal, Bray contends that there was insufficient evidence to convict him of serious injury by vehicle because the State failed to prove the statutory element of “serious disfigurement”; that there was insufficient evidence to convict him of the firearm-related offenses because the State failed to prove that he knowingly possessed the handgun in question; and that his sentence under Georgia’s recidivist statute was unconstitutionally cruel and unusual. For the reasons discussed below, we affirm.

Construed in the light most favorable to the verdict, see Trujillo v. State, 304 Ga. App. 849, 849 698 SE2d 350 2010, the evidence showed that the Oconee County Sheriff’s Office received information to be on the lookout “BOLO” for a gray Ford F350 pickup truck with a particular license tag number that had been stolen from its owner in Greene County on May 1, 2011. On the afternoon of May 5, 2011, sheriff’s investigators in two separate vehicles that were traveling northbound on Georgia Highway 441 in response to an unrelated matter observed a pickup truck that matched the description in the BOLO. The truck was in the lane to the right of the investigators and drove up the entrance ramp onto the Georgia 10 Loop.

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