Smith v. the State
2017 Ga. App. LEXIS 403
| Ga. Ct. App. | 2017Background
- Early morning collision: Smith turned left into a motorcycle’s path in misty conditions; the motorcyclist died.
- Smith had been drinking the night before, returned home around 2–3 a.m., later drove after sleeping; a blood test over an hour after the crash showed .136 BAC.
- Officers smelled alcohol; a trooper concluded Smith was DUI-less-safe at the scene.
- Charges: first-degree vehicular homicide (DUI-per-se and DUI-less-safe), and separate DUI counts; jury convicted on all counts.
- Trial court admitted extrinsic-act evidence of a prior early-morning incident (about eight months earlier) where Smith was observed with apparent vehicle damage, a head wound, smelled of alcohol, refused state testing, and was later charged with DUI-less-safe.
- Smith requested a jury instruction on the lesser included offense of second-degree vehicular homicide (failure to yield); the trial court refused. Smith preserved the objection; he appealed after conviction and sentence (merged for sentencing).
Issues
| Issue | Smith's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing the requested jury charge on second-degree vehicular homicide as a lesser included offense of first-degree vehicular homicide (DUI-based) | There was evidence (failure to yield/turning left in front of the motorcycle) that a less-culpable traffic violation may have caused the death; therefore the jury should have been allowed to consider second-degree vehicular homicide | The State opposed the lesser-charge instruction and maintained the DUI was the operative proximate cause | Reversed: trial court erred. When evidence shows a less-culpable traffic violation may have caused death, a requested lesser-included instruction must be given; remand for new trial. |
| Whether the trial court properly admitted extrinsic-act evidence of Smith’s prior DUI-related arrest | Evidence was immaterial and prejudicial; it should not have been admitted | Admitted to show knowledge, intent, absence of mistake or accident | Admissibility must be reexamined on remand in light of Jones v. State and OCGA §§ 24-4-403, 24-4-404(b); trial court should reconsider under that framework. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence in criminal convictions)
- Brown v. State, 287 Ga. App. 755 (lesser included second-degree vehicular homicide when a less-culpable traffic offense may have caused the death)
- Lefler v. State, 210 Ga. App. 609 (reversible error for failing to charge second-degree vehicular homicide despite evidence of other traffic violations)
- Hayles v. State, 180 Ga. App. 860 (same principle; new trial required when DUI not necessarily sole proximate cause)
- Miller v. State, 236 Ga. App. 825 (State must prove DUI was proximate cause of death)
- Shah v. State, 300 Ga. 14 (written request for lesser included offense must be given if any evidence supports it)
- Allaben v. State, 299 Ga. 253 (same rule on lesser-included instruction)
- Otuwa v. State, 319 Ga. App. 339 (instruction on lesser included need not be given for every charged count; no reversal where jury was given the lesser and rejected it)