Hicks v. State
321 Ga. App. 773
Ga. Ct. App.2013Background
- Hicks was convicted of felony fleeing or attempting to elude under OCGA § 40-6-395 after a jury trial.
- Hicks argued the evidence was insufficient to prove a felony as opposed to a misdemeanor under § 40-6-395 (b)(5)(A).
- Evidence showed a missing-vehicle pursuit after a collision with a steam roller, with Hicks driving and the pursuit captured on patrol video.
- The State failed to prove traffic conditions placing the general public at risk, lack of speed data, no pedestrian or vehicle collisions during the chase, and no evidence Hicks left the state.
- The court vacated the felony conviction and remanded for a misdemeanor conviction; it noted the standard of review and applicable statute version at the time of Hicks’s conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports felony fleeing or eluding. | Hicks | Hicks | Insufficient evidence for felony; support for misdemeanor |
| Whether the case should be remanded for a misdemeanor conviction given lack of proof of traffic-risk elements. | Hicks | Hicks | Remanded for misdemeanor conviction; vacate felony sentence |
Key Cases Cited
- Jackson v. United States, 443 U.S. 307 (U.S. 1979) (standard of review on sufficiency of evidence)
- Ferguson v. State, 280 Ga. 893 (Ga. 2006) (felony fleeing requires competent evidence of elements)
- Hinton v. State, 297 Ga. App. 565 (Ga. App. 2009) (video viewed by jury; evidence of traffic risk)
- Adams v. State, 293 Ga. App. 377 (Ga. App. 2008) (felony fleeing or eluding where substantial risk/impact shown)
- Buggay v. State, 263 Ga. App. 520 (Ga. App. 2003) (felony sentence upheld under high-speed driving in traffic)
- Schneider v. State, 312 Ga. App. 504 (Ga. App. 2011) (guides remand when felony evidence deficient)