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Hicks v. State

The evidence was insufficient to support the defendant's conviction for felony fleeing and attempting to elude a police officer, as there was no evidence that the general public was at risk of serious injury, but the Court of Appeals remanded the case for entry of a misdemeanor offense.

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Following a jury trial, Stacy Leonard Hicks was convicted of felony fleeing and attempting to elude a police officer1 OCGA § 40-6-395.2 He appeals the denial of his motion for new trial, contending that the evidence was insufficient to prove he committed a felony violation, as opposed to a misdemeanor violation, of OCGA § 40-6-395. We find the evidence sufficient to support the guilty verdict as to fleeing and eluding; however, because there was insufficient evidence showing that there were traffic conditions that placed the general public at risk of serious injury, we vacate Hicks’ felony fleeing and eluding sentence and remand the case with direction that a conviction and sentence be entered for a misdemeanor offense.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and we neither weigh the evidence nor judge the credibility of the witnesses, but determine only if, after viewing the evidence in the light most favorable to the verdict, a rational trier of fact could have found the defendant guilty of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979.

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