Glass v. State

Following a bench trial in the City Court of Atlanta, David John Glass was convicted of the offense of failure to yield to a pedestrian. OCGA § 40-6-91 a. He was granted leave to file an out-of-time appeal, and he appeals from the judgment of conviction and sentence entered against him. We find no error, and we affirm. 1. In two enumerations, Glass challenges the sufficiency of the evidence, argues that the trial court “attempted to resolve unresolvable conflicts in the witness testimony,” and argues that the trial court “precluded an evaluation of witness credibility.”

Construed in favor of the verdict, the evidence shows that the victim was walking northbound in the crosswalk at the intersection of Peachtree Street and 14th Street in the City of Atlanta when he was struck by the vehicle driven by Glass. Glass had also been traveling northbound on Peachtree Street and was turning left onto 14th Street when the incident occurred. The victim testified that he entered the intersection when the pedestrian crossing signal indicated that he could begin crossing the street. He stated that he was in the habit of looking both at the pedestrian signal as well as the traffic light at the intersection, and that at the time of the incident, before he stepped into the crosswalk, “the turning signal to turn left onto 14th Street had gone out and that’s when the white pedestrian light came on and I proceeded to cross the street.” He was struck from behind by Glass’s vehicle just before he reached the curb on the opposite side of the street.