Miller v. State

Beasley, Presiding Judge.

Miller was charged with two counts of first degree vehicular homicide under OCGA § 40-6-393 (a). Count 1 alleged that he caused the death of David Stachur through violation of OCGA § 40-6-391 (a) (1) (DUI to the extent that it was less safe to drive) by striking a bicycle being pedaled by Stachur. Count 2 accused Miller of causing Stachur’s death through violation of OCGA § 40-6-391 (a) (5) (DUI with an unlawful blood-alcohol concentration). Miller was convicted on Count 1.

He challenges the sufficiency of the evidence to support the verdict, on the ground that…