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Pecina v. State

O.C.G.A. § 40-6-394's prohibition against causing bodily harm to another was not unconstitutional as applied in defendant's case because the victim suffered permanent impairment from her injuries.

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Everardo Martinez Pecina was convicted of driving under the influence of alcohol to the extent that it was less safe for him to drive than if he was not so influenced “DUI”, OCGA § 40-6-391 a 1, and serious injury by vehicle, OCGA § 40-6-394. He challenges the constitutionality of OCGA § 40-6-394 as applied in his case and of Rule 31.3 of the Uniform Rules of Superior Court “USCR”, the sufficiency of the evidence, the admission of evidence of similar transactions, and the trial court’s instructions to the jury. For the reasons which follow, we affirm.

Pecina was driving a pickup truck that struck, virtually head on, an automobile driven by Mike Phillips. Just before the collision, Pecina’s vehicle traveled the wrong way down one side of the road. Phillips’s vehicle was stopped in a turning lane as he prepared to turn left into the parking lot of the hospital where his mother worked. His mother, Gemina Phillips, age 67, was seated in the front passenger seat. Injuries to Ms. Phillips were the basis of the charge of serious injury by vehicle.

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