Nelson v. State

Miller, Judge.

Raquel Nelson was convicted of misdemeanor homicide by vehicle in the second degree (OCGA § 40-6-393 (c)) after her four-year-old son, A. J., was tragically struck by an oncoming vehicle when he attempted to cross the street.1 The trial court granted Nelson a new trial on its own motion pursuant to OCGA § 5-5-40 (h). Nelson filed a post-conviction plea in bar on the ground of double jeopardy, contending that the evidence was insufficient to sustain her conviction at the former trial. The trial court denied Nelson’s plea in bar, from which Nelson appeals.2 For the reasons that…