Cunningham v. State

Clarke, Justice.

Appellant was convicted of two counts of vehicular homicide while under the influence of alcohol in violation of OCGA § 40-6-391 and of operating a motor vehicle while under the influence of alcohol. He was sentenced to fifteen years to serve on one count of vehicular homicide followed by fifteen years on probation on the second count. The court found that the count involving operation of a motor vehicle while under the influence of alcohol merged with the vehicular homicides.

In the early evening of August 25, 1984, Cornelius Johnson, ten years old, James Willis, seven years…