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Brown v. State

Evidence set forth in a partial trial transcript supported the defendant's conviction for second degree homicide by vehicle.

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A Rockdale County jury convicted Angela Brown of second degree homicide by vehicle.1 Brown appeals, contending that the evidence was insufficient to sustain her conviction. For the reasons that follow, we affirm. The trial of this case was not officially reported.2 As such, the record fails to contain a complete transcript of the evidence presented at trial. “In the absence of a transcript, we are bound to assume that Brown’s conviction was supported by sufficient evidence.” Punctuation and footnote omitted. Williams v. State , 287 Ga. App. 851, 852 1 652 SE2d 803 2007. Thus, Brown’s conviction must be affirmed.

Notwithstanding the fact that the record fails to contain a complete transcript of the trial, we have reviewed the partial transcript that has been provided and note that the state’s evidence established Brown’s guilt of the vehicular homicide offense.3 The record evidence showed that on February 8, 2006 at approximately 6:00 a.m., Brown was traveling westbound on Interstate 20. As Brown crossed her vehicle from the right lane of traffic into the middle lane, she struck the side of another vehicle that had been traveling in the middle lane. Upon impact, Brown’s vehicle crossed back into the right lane. Brown then crossed her vehicle into the middle lane again and drove into the rear of the victim’s vehicle. As a result of that collision, the victim’s vehicle spun out of control, hit the median wall, and flipped over several times. The victim was ejected from his vehicle and died as a result of blunt force trauma to his head and upper body sustained during the accident.4

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