A Douglas County jury found Rigoberto Bautista guilty beyond a reasonable doubt of homicide by vehicle in the first degree, OCGA § 40-6-393 a; reckless driving, OCGA § 40-6-390 a; and driving without a license, OCGA § 40-5-20 a.1 Bautista appeals, challenging the sufficiency of the evidence and contending the trial court erred in denying his general demurrer to the counts of the indictment charging him with first-degree vehicular homicide Count 1 and reckless driving Count 3. For the reasons explained below, we affirm. 1. Bautista contends that the evidence is insufficient to support his conviction for reckless driving. Specifically, he contends that the State based the charge of reckless driving on evidence that he committed the offenses of failure to yield the right of way and driving without a license and that, as a matter of law, such conduct does not amount to reckless driving absent other aggravating factors such as speeding or driving while intoxicated. Further, Bautista contends that, because the charge of homicide by vehicle in the first degree was predicated on the offense of reckless driving, the evidence also failed to support his conviction for vehicular homicide. On appeal from a criminal conviction, the appellate court views the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. The appellate court determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the appellate court must uphold the jury’s verdict. Citations omitted. Rankin v. State , 278 Ga. 704, 705 606 SE2d 269 2004. The standard of Jackson v. Virginia is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged. Clark v. State , 275 Ga. 220, 221 1 564 SE2d 191 2002.
Viewed in the light most favorable to the verdict, the evidence shows the following. On February 10, 2007, Bautista was turning left out of the West Chase Townhomes to go west on Selman Drive in Douglasville. A stop sign required Bautista to yield the right of way to traffic on Selman Drive. From the stop sign, Bautista had a clear line of sight 800 to 900 feet to his left. Bautista failed to yield the right of way and pulled into the path of Allen Major, who was driving eastbound on Selman Drive at approximately 35 to 40 m.p.h. Major’s car, which left no skid marks from sudden braking, struck Bautista’s vehicle nearly head on in Major’s lane of travel. Major suffered severe internal injuries and died within ten minutes of the impact. Bautista, who failed to carry a driver’s license on February 10, 2007, offered evidence at trial that he had a driver’s license issued by Mexico.
