Kirk v. State

Ellington, Judge.

A DeKalb County jury found Donald Kirk guilty beyond a reasonable doubt of vehicular homicide in the second degree, OCGA § 40-6-393 (c); and improper lane change, OCGA §§ 40-6-1 (a); 40-6-48 (1). On May 3, 2007, the trial court entered judgment and imposed the following sentence: sixteen months incarceration, of which all but two days (already served) were probated, twelve months driver’s license suspension, defensive driving training, 180 hours community service, $1,500 fine, $39 per month supervision fee, and court costs. Kirk appealed his conviction, and this Court…