Henry v. State

Ellington, Judge.

After a bench trial, the Superior Court of Gwinnett County convicted Michael Henry of vehicular homicide in the first degree, OCGA § 40-6-393 (a) (predicated on a violation of OCGA § 40-6-270 (b)); and two counts of felony hit-and-run, OCGA § 40-6-270 (b). Henry appeals, contending that the evidence was insufficient to convict him of vehicular homicide in the first degree predicated on a violation of OCGA § 40-6-270 (b). For the following reasons, we agree and reverse his conviction of vehicular homicide and remand to the trial court for sentencing on the lesser included…