Waters v. State

McMurray, Presiding Judge.

Defendant was tried by a jury pursuant to an indictment which charged him with four separate counts of “homicide by vehicle” (see OCGA § 40-6-393 (a)) and one count of habitual violator. See OCGA § 40-5-58. The jury found the defendant guilty of the habitual violator charge. However, the jury was unable to reach a verdict upon the four separate counts of “homicide by vehicle” and a mistrial was declared with regard to those charges. Defendant was sentenced to serve five years in the penitentiary for the habitual violator conviction.

Thereafter, via a second…