In a nine-count indictment, Gary Gregory was charged with vehicular homicide in the first degree, driving under the influence of alcohol, reckless driving, and failing to stop at a stop sign. He was tried before a jury, which found him guilty of all charges. The trial judge ruled that seven counts of the indictment, not including the stop sign violation, merged into the first count of first degree vehicular homicide, which charged that he caused the victim’s death while driving under the influence of alcohol with a blood alcohol concentration of 0.08 grams or more. The court sentenced Gregory to serve ten years in confinement and five years on probation for the vehicular homicide, and also ordered him to serve a concurrent sentence of 12 months for the stop sign violation. Gregory appeals from his conviction. 1. Gregory claims that his conviction must be reversed because there is insufficient evidence that he was driving his car at the time of the collision in question. The claim is without merit. On appeal, we view the evidence in the light most favorable to the jury’s verdict, and the appellant no longer enjoys the presumption of innocence. This Court does not weigh the evidence or determine witness credibility, but only determines if the evidence was sufficient for a rational trier of fact to find appellant guilty of the charged offense beyond a reasonable doubt.1 Viewed in favor of the verdict, the evidence shows that around 8:00 p.m., on Monday, January 13, 2003, 51-year-old Gregory and his landlady, 85-year-old Melba Bramblett, who had an expired driver’s license and had not driven for several years, were traveling east in Gregory’s car on Spot Road in Forsyth County. At the road’s intersection with Highway 9, Gregory’s car, a cream-colored 1963 Mercedes sedan, was driven through a stop sign without yielding.
Doug Mayberry, who was driving a red 1990 Toyota Camry north on Highway 9 at approximately 55 miles per hour, slammed on his brakes when he saw the Mercedes run through the stop sign. The front end of the Toyota hit the front passenger door or the Mercedes and both cars began spinning. The cars eventually came to rest in the parking lot of a fuel company.
