Hicks v. State

Ray, Judge.

Following a jury trial, Stacy Leonard Hicks was convicted of felony fleeing or attempting to elude a police officer1 (OCGA § 40-6-395).2 He appeals the denial of his motion for new trial, contending that the evidence was insufficient to prove he committed a felony violation, as opposed to a misdemeanor violation, of OCGA § 40-6-395. We find the evidence sufficient to support the guilty verdict as to fleeing or attempting to elude; however, because there was insufficient evidence showing that there were traffic conditions that placed the general public at risk of serious injury, we…