Jones v. State, 394 S.E.2d 387 (Ga. Ct. App. 1990). · Go Syfert
Jones v. State, 394 S.E.2d 387 (Ga. Ct. App. 1990). Cases Citing This Book View Copy Cite
11 citation events (4 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Lloyd v. State
Ga. Ct. App. · 2003 · confidence medium
The pharmacist’s testimony concerning the dentist’s instruction not to refill the prescriptions was admissible to explain the pharmacist’s conduct in not refilling the prescriptions. 6 In this regard, Way’s husband testified that the pharmacist told him that Lloyd was trying to pick up a prescription for his wife, and the pharmacist testified that Way’s husband then informed him that Lloyd was not authorized to do so. 7 London v. State, 274 Ga. 91, 94 (4) (b) ( 549 SE2d 394 ) (2001). 8 Van Alstine v. State, 263 Ga. 1, 2 ( 426 SE2d 360 ) (1993), citing Reid v. State, 235 Ga. 378 ( 219…
cited Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 2000 · confidence medium
Andrews, P. J, and Ellington, J., concur. 1 (Punctuation omitted.) Jones v. State, 195 Ga. App. 569, 570 (1) ( 394 SE2d 387 ) (1990). 2 OCGA § 40-6-10 (a) (1), (b). 3 OCGA § 40-6-10 (a) (4).
cited Cited as authority (rule) Blackwell v. State
Ga. Ct. App. · 1997 · confidence medium
Jones v. State, 195 Ga. App. 569, 570 (2) ( 394 SE2d 387 ) (1990).
discussed Cited as authority (rule) Moss v. State
Ga. Ct. App. · 1993 · confidence medium
To warrant a conviction under OCGA § 40-6-394, “the State was not required to prove that [appellant] was committing any traffic violation or unsafe act, in addition to the violation of [either OCGA § 40-6-391 (a) (1) or] OCGA § 40-6-391 (a) (4).” (Emphasis supplied.) Jones v. State, 195 Ga. App. 569, 570 (1) ( 394 SE2d 387 ) (1990).
discussed Cited "see" Wells v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
But even without this response, the evidence was sufficient as to each count. 8 OCGA § 40-6-123 (a). 9 OCGA § 40-6-391 (a) (5); see Partridge v. State, 266 Ga. App. 305, 306 ( 596 SE2d 778 ) (2004). 10 OCGA § 40-6-394; see Jones v. State, 195 Ga. App. 569 -570 (1) ( 394 SE2d 387 ) (1990). 11 OCGA § 40-6-391 (a) (1); see Schlanger v. State, 290 Ga. App. 407,415 (7) (c) ( 659 SE2d 823 ) (2008). 12 OCGA § 40-6-394; see Gentry v. State, 236 Ga. App. 820, 822 (1) ( 513 SE2d 528 ) (1999). 13 OCGA § 16-10-24 (a); see Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992). 14 “To warrant…
Retrieving the full opinion text from the archive…
Jones
v.
the State
A90A0590.
Court of Appeals of Georgia.
May 9, 1990.
394 S.E.2d 387
William J. Mason, for appellant., Douglas C. Pullen, District Attorney, Lew S. Barrow, Assistant District Attorney, for appellee.
McMurray, Carley, Sognier.
Cited by 5 opinions  |  Published
McMurray, Presiding Judge.

Defendant Jones appeals his conviction of the offenses of driving under the influence of alcohol, causing serious injury by vehicle, and unlawfully operating a motor vehicle without insurance. Held:

1. The first enumeration of error raises the issue of whether there is sufficient evidence to authorize the convictions of defendant. On January 22, 1989, defendant was driving on Hamilton Road when the victim, a young girl of five or six years of age, suddenly ran into the street in front of the vehicle operated by defendant. The victim was almost to the centerline of the street when she was struck by the right front of the automobile. As a result of this incident the victim is a quadriplegic. Shortly afterwards, defendant, who had “some trouble” reciting the alphabet, was required to submit to an intoximeter test of the alcohol content of his blood. This test revealed an alcohol concentration of .26 grams and thus authorized a rational trier of fact to reasonably conclude that defendant was guilty beyond a reasonable doubt of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (4).

When the victim ran into the street, the vehicle operated by defendant was 20 yards away. There were skid marks left on the street by the vehicle and the impact of the right front of the vehicle on the victim as she approached the centerline of the street was evidence from which it could be inferred that the vehicle had swerved to avoid striking the victim. Defendant testified that he could not have avoided hitting the victim. However, the evidence was sufficient to authorize a rational trier of fact to evaluate the circumstances and conclude beyond a reasonable doubt that an impairment of defendant’s driving ability through the violation of OCGA § 40-6-391 (a) (4) caused the victim’s injuries. Contrary to defendant’s contention, the State was not required to prove that defendant was committing any[*570] traffic violation or unsafe act, in addition to the violation of OCGA § 40-6-391 (a) (4). It is sufficient that the evidence shows that defendant’s violation of OCGA § 40-6-391 caused an injury such as described in OCGA § 40-6-394. A rational trier of fact could reasonably have found defendant guilty beyond a reasonable doubt of the offenses of serious injury by vehicle and driving under the influence of alcohol. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Roney v. State, 192 Ga. App. 760, 761 (1), 762 (386 SE2d 412).

Decided May 9, 1990. William J. Mason, for appellant. Douglas C. Pullen, District Attorney, Lew S. Barrow, Assistant [*571] District Attorney, for appellee.

[*570] While the defendant was unable to present the proof of insurance required under OCGA § 33-34-12 (a) (1), such does not establish that he was knowingly operating a motor vehicle without effective insurance in violation of OCGA § 33-34-12 (b). “Failure to keep proof of insurance coverage and driving a vehicle without liability insurance are separate offenses . . .” Griffith v. State, 172 Ga. App. 255, 259 (3) (322 SE2d 921). There is no evidence that defendant knew that the vehicle which he had borrowed from his girl friend was not properly insured. The evidence did not authorize defendant’s conviction for unlawfully operating a vehicle without insurance.

2. Pursuant to Rule 31.3 of the Uniform Rules for the Superior Courts, the State served defendant with notice of its intent to introduce evidence of two similar transactions. Both similar transactions involved previous offenses of driving under the influence committed by defendant. At the hearing upon the State’s request for leave to introduce this evidence, defendant presented his objections to its admission but did not raise any issue concerning whether the similar transactions the State sought to introduce were sufficiently similar so that proof of them tends to prove the offenses charged. Therefore, we may not consider defendant’s belated attempt to raise that issue for the first time on appeal. Whittington v. State, 184 Ga. App. 282, 285 (3) (361 SE2d 211).

Finally, defendant contends that admission of the similar transaction evidence in this case was improper since, as to one offense there was an uncounseled guilty plea, and as to the other, only a bond forfeiture rather than a verdict or plea of guilty. However, as proof of a conviction is not a necessary prerequisite to the introduction of similar transaction evidence (Coalter v. State, 183 Ga. App. 335, 337 (358 SE2d 894)), we find no merit in this contention.

Judgment affirmed in part and reversed in part.

Carley, C. J., and Sognier, J., concur.