Fitzpatrick v. State

Ray, Judge.

A jury convicted Brendon John Fitzpatrick1 of serious injury by vehicle (OCGA § 40-6-394) and violation of the open container law (OCGA § 40-6-253).2 He appeals from the denial of his motion for new trial, arguing that the evidence was insufficient to sustain his convictions and that the trial court erred in its instructions to the jury For the reasons that follow, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. An appellate court does not weigh the…