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Carson v. State

The trial court properly excluded irrelevant evidence that the arresting officer made an improper statement to potential jurors during defendant's first trial.

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Everette Lee Carson was convicted of homicide by vehicle in the first degree, reckless driving, and improper lane change, stemming from an accident in which the vehicle he was driving struck a pedestrian who subsequently died. Carson was acquitted of one count of DUI, and the court declared a mistrial on a second count of DUI. On appeal Carson challenges the sufficiency of the evidence to sustain his reckless driving conviction, and the grant of the State’s motion to exclude prior misconduct by the arresting officer.

1. Carson argues that the evidence is insufficient to sustain his conviction for reckless driving. On appeal the appellant no longer enjoys a presumption of innocence, and this court does not weigh the evidence or determine witness credibility. This Court must view the evidence in the light most favorable to support the verdict.1 Several witnesses testified that they saw Carson’s vehicle swerving, and that Carson drove off the road onto a grassy area where he hit a pedestrian. Under OCGA § 40-6-390, “any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.” Therefore, the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that Carson’s actions constituted a reckless disregard for the safety of others.2

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