Verlangieri v. State

The trial court properly admitted the wrong-way driver's blood-alcohol test results in his prosecution for homicide by vehicle, serious injury by vehicle and reckless driving.

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Joseph A. Verlangieri, convicted of homicide by vehicle, DUI, serious injury by vehicle, and reckless driving, appeals from the trial court’s denial of his motions for new trial and for extraordinary new trial. On appeal from a criminal conviction, the evidence is viewed in a light most favorable to the verdict. We do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Stone v. State , 248 Ga. App. 190 546 SE2d 787 2001.

So viewed, the evidence was that, on January 31, 1999, Jason Smith and Eric Maples, members of a swim team, attended a party for the team which was seeking new members. Smith met Maples at Maples’ home in Vinings and they went to the party in Atlanta in Maples’s silver Pontiac Grand Am. Following the party, Smith and Maples picked up Barry Golivesky at his home off Collier Road and went to a Midtown club, Fusion, on Amsterdam Avenue. The three men left the party at approximately 2:15 a.m. on the morning of February 1, with Maples driving. Golivesky asked Maples if he were able to drive and Maples answered affirmatively.1 Maples drove to Collier Road and let Golivesky out. Golivesky noticed nothing out of the ordinary about Maples’ driving. When Golivesky got out at his home around 2:30 a.m., he made sure that Smith, sitting in the front passenger seat, and Maples had fastened their seat belts.

Verlangieri v. State

The trial court properly admitted the wrong-way driver's blood-alcohol test results in his prosecution for homicide by vehicle, serious injury by vehicle and reckless driving.

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