A Clayton County jury found Danielle Taylor guilty beyond a reasonable doubt of reckless driving, OCGA § 40-6-390; involuntary manslaughter, OCGA § 16-5-3; serious injury by vehicle, OCGA § 40-6-394; driving a vehicle with unsafe equipment, OCGA § 40-8-7; and failure to maintain a lane, OCGA § 40-6-48.1 Taylor appeals from the judgment of conviction, contending that the trial court abused its discretion in admitting certain evidence, improperly changed the jury’s verdict, erred in imposing her sentence outside of her presence or that of her counsel, and erred in ordering her to pay restitution. She also claims that her convictions for involuntary manslaughter and serious injury by vehicle were void and that she received ineffective assistance of counsel. For the following reasons, we reverse Taylor’s conviction and sentence based upon the involuntary manslaughter charge and affirm her remaining convictions. We also vacate Taylor’s sentence and remand this case to the trial court for resentencing. Although Taylor does not directly challenge the sufficiency of the evidence supporting her convictions on the traffic violations, a brief recitation of the evidence provides some context for the analysis of her claims. Viewed in favor of the jury’s verdict,2 the evidence shows that, at around noon on January 20, 2006, Taylor was driving on Interstate 75 south of Atlanta when one of her tires became flat. Although her tire quickly disintegrated as she continued to drive, she exited onto Tara Boulevard in Morrow and drove at a high rate of speed, between 60 and 80 m.p.h., with only three intact tires. Sparks, flames and smoke flew from the steel rim of her fourth tire, causing an extremely loud noise, and the front of the car shook “violently.” Taylor weaved in-and-out of traffic for five to six miles and ran at least one red light while witnesses tried to alert her to the problems with her car. Eventually, Taylor’s car collided with a car that was stopped at a stop light. The driver, James Oliver, suffered a fractured spine and lacerated aorta, resulting in his death. There was no evidence that Taylor was under the influence of drugs or alcohol at the time of the collision.3
1. On appeal, Taylor claims the court erred in imposing its sentence outside of her presence. She contends that the trial court thereby violated her constitutional right to be present at every critical stage of the criminal proceedings.
