Appellant Demone Hamilton appeals the denial of his motion to vacate a void sentence. This Court affirmed appellant's conviction for malice murder, kidnapping with bodily injury, aggravated assault, and possession of a firearm by a convicted felon in Hamilton v. State, 281 Ga. 501 ( 640 SE2d 28) (2007). Although appellant already appealed his conviction, he is able to bring the denial of his motion on direct appeal because he asserts his sentence is void due to the trial court's failure to merge certain convictions.
While the record includes a rule nisi scheduling a hearing on the motion for new trial for March 22, 2019, and Taylor admits in his brief before this Court that a hearing was held, the record does not include a transcript of this hearing. In the absence of a transcript, "we must presume that the trial court was authorized to find that appellant failed to carry his burden to show that he received ineffective assistance of counsel[,]" Hamilton v. State , 281 Ga. 501, 502 (2), 640 S.E.2d 28 (2007) (citation and punctuation omitted), particularly in light of our duty to "defer to findings of fact made by the trial court unless they are clearly erroneous[.]" Causey v. State , 319 Ga. App. 841, 738 S.E.2d 672 (2013)
In light of the foregoing, the evidence presented at trial was sufficient for a reasonable jury to find Harris guilty of reckless driving.Hamilton v. State , 281 Ga. 501, 502 (1), 640 S.E.2d 28 (2007) (citations omitted).Evans-Glodowski v. State , 335 Ga. App. 484, 487 (1), 781 S.E.2d 591 (2016) (citation and punctuation omitted).
and to find that Smith was guilty of two counts of first degree vehicular homicide, See Shy v. State, 309 Ga.App. 274, 278(4), 709 S.E.2d 869 (2011) (“whether [Smith's] manner of driving under the circumstances demonstrated a reckless disregard for the safety of others is a question that is reserved for the jury”) (citation omitted); Hamilton v. State, 281 Ga. 501, 502(1), 640 S.E.2d 28 (2007) (it is for the jury to determine the credibility of witnesses, as well as the weight to be accorded the expert testimony). one count of reckless driving,
10. Miller v. State, 273 Ga. 831, 832, 546 S.E.2d 524 (2001) (punctuation omitted). 11. SeeHamilton v. State, 281 Ga. 501, 502(1), 640 S.E.2d 28 (2007); Murphy v. State, 263 Ga.App. 62, 64(2), 587 S.E.2d 223 (2003). 12. SeeBrown v. State, 310 Ga.App. 285, 285–86(1), 712 S.E.2d 521 (2011) (holding that evidence that defendant had a blood-alcohol concentration of 0.164 at the time of the motor vehicle accident that killed his passenger was sufficient to support defendant's first degree vehicular homicide conviction).
(Citation and punctuation omitted.) Hamilton v. State, 281 Ga. 501, 502(2), 640 S.E.2d 28 (2007). Judgment affirmed.