ROUEN v. State, 312 Ga. App. 8

Rouen was convicted by jury of homicide by vehicle in the first degree (based on felony hit-and-run) and felony hit-and-run; the latter merged into the former for sentencing.
The collision occurred November 14, 2008, when Rouen’s red pickup struck bicyclist John Wigren on Cherokee Street, Cobb County; Wigren died from head injuries.
Witness Thomas Ross IV described the vehicle as red, the impact as from behind, and Wigren’s body flying 82 feet onto the road; debris and eyewitnesses supported that the driver fled.
Police later identified the vehicle from scene debris; Rouen called police ~48 hours later admitting possibility of involvement but not reporting the crash initially.
Rouen provided a trial defense that foggy conditions and dark clothing explained why he could not avoid or see what he hit; he did not testify at trial.
The trial court admitted evidence including a post-incision autopsy skull photo over objection.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence suffices to sustain the verdict	Rouen challenges nothing; the State’s evidence supports guilt.	None beyond general sufficiency challenges; focus on other errors.	Evidence was sufficient to support guilt beyond a reasonable doubt.
Failure to charge accident as a defense	Rouen requested a charge on law of accident; failure to charge was error.	Waiver and no plain error; trial court analyzed merits, and defense objection was not preserved.	No reversible error; not plain error given waiver and trial court’s handling.
Application of the rule of lenity	Rouen should have been sentenced for the lesser felony hit-and-run under lenity.	Lenity applies where both offenses could be proven by same evidence.	Lenity not applicable; offenses are different elements, and merger was proper.
Admission of post-incision autopsy skull photo	Photo necessary to illustrate cause of death and injuries.	Diagram would suffice; autopsy photo unduly prejudicial.	Autopsy photo admissible to show material facts; not an abuse of discretion.

Rankin v. State, 278 Ga. 704, 606 S.E.2d 269 (2004) (standard for reviewing sufficiency and related due process)
Davis v. State, 285 Ga. 176, 674 S.E.2d 879 (2009) (pattern jury instructions and preservation of error)
Manning v. State, 296 Ga. App. 376, 674 S.E.2d 408 (2009) (merger; rule of lenity discussion context)
Falagian v. State, 300 Ga. App. 187, 684 S.E.2d 340 (2009) (plain error and waiver standards in criminal appeals)
McClellan v. State, 274 Ga. 819, 561 S.E.2d 82 (2002) (lenity applicability when multiple felonies present)
Smith v. State, 283 Ga. 237, 657 S.E.2d 523 (2008) (admissibility of autopsy photographs; clarity and material fact)
Kennedy v. State, 277 Ga. 588, 592 S.E.2d 830 (2004) (jury instruction adequacy; reading as a whole)
Lacey v. State, 288 Ga. 341, 703 S.E.2d 617 (2010) (preservation of objections; OCGA 17-8-58)
Hicks v. State, 287 Ga. 260, 695 S.E.2d 195 (2010) (plain error review standards for jury charges)
Crawford v. State, 288 Ga. 425, 704 S.E.2d 772 (2011) (waiver of error under OCGA 17-8-58; plain error standard)
Duprel v. State, 301 Ga. App. 469, 687 S.E.2d 863 (2009) (jury charge considerations; considering the charge as a whole)