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Turner v. The State

The evidence supported defendant's conviction for first-degree homicide by vehicle after she "blacked out" and ran over the victim during an argument with the father of her children and his girlfriend.

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Barnes, Presiding Judge.Brehonna Nicole Turner was indicted for one count of malice murder, two counts of felony murder, and two counts of aggravated assault. Following her trial, a Douglas County jury found her guilty of the lesser included offense of first degree homicide by vehicle as to the three murder counts, and not guilty of the two aggravated assault counts. Turner filed a motion for new trial, which she later amended, and alleged that the evidence was insufficient and that the trial court erred by failing to give her requested charge on the lesser included offense of second degree vehicular homicide for failure to maintain a lane. The trial court denied the motion for new trial, and Turner now appeals. Following our review, we affirm.

On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence, and the evidence must be construed in the light most favorable to support the verdict. In evaluating the sufficiency of the evidence, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Thus, the jury’s verdict will be upheld as long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case. (Citations and punctuation omitted.) EvansGlodowski v. State, 335 Ga. App. 484, 484-485 (781 SE2d 591) (2016).

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