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Lee v. State

The trial court properly declined to instruct the jury on the defense of accident, since the evidence showed that as the defendant attempted to elude the police while in the commission of his crimes, he disregarded the safety and lives of other drivers and the police, whom he should have reasonably anticipated might be injured by his conduct.

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Rebel Keith Lee was tried by a Douglas County jury and convicted of two counts of aggravated assault,1 and a single count each of theft by receiving stolen property,2 fleeing or attempting to elude a police officer,3 obstruction of a law enforcement officer,4 failure to stop at or return to the scene of an accident,5 and reckless driving.6 He now appeals from the denial of his motion for a new trial, asserting that the evidence was insufficient to sustain his convictions for aggravated assault and theft by receiving. Lee further contends that the trial court erred in refusing to give his requested jury instruction on accident and in sentencing him as a recidivist. We find no error and affirm.

On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict. Martinez v. State, 306 Ga. App. 512, 514 702 SE2d 747 2010. So viewed, the record shows that late on the evening of March 1, 2008, a minivan was stolen from a residence in Austell, approximately two miles from the address where Lee then resided. The owners of the minivan immediately reported its theft to police.

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