Wilkes v. State

5 Citing cases

  1. Fouts v. State

    A13A0446 (Ga. Ct. App. Jun. 14, 2013)

    (Footnote omitted.) Wilkes v. State, 254 Ga. App. 447, 449-450 (562 SE2d 519) (2002). Because [Fouts] neither requested [the criminal negligence] charge nor objected when the trial court failed to give it, we review the failure to give the charge only for plain error.

  2. Dunagan v. State

    286 Ga. App. 668 (Ga. Ct. App. 2007)   Cited 3 times

    The question whether a driver showed "reckless disregard" under a given set of circumstances is for the jury. See Wilkes v. State, 254 Ga. App. 447, 449-450 ( 562 SE2d 519) (2002). Having reviewed the record, we hold that the trial court did not err when it denied Dunagan's motion for directed verdict on the reckless driving charge, and that the evidence was also sufficient to sustain his conviction for serious injury by vehicle.

  3. Lesh v. State

    577 S.E.2d 4 (Ga. Ct. App. 2003)   Cited 6 times

    Malcom v. Malcolm, 112 Ga. App. 151, 154 ( 144 S.E.2d 188) (1965).Wilkes v. State, 254 Ga. App. 447, 450 ( 562 S.E.2d 519) (2002). Here, Lesh was distraught and driving his vehicle at 3:30 in the morning; he had consumed alcohol; he was driving outside his lane of travel; and he struck from behind a clearly discernable vehicle with visible reflectors that was traveling down a long, straight stretch of road; further, Lesh did not react by braking his car.

  4. Putman v. State

    257 Ga. App. 902 (Ga. Ct. App. 2002)   Cited 7 times

    Hayles v. State, 180 Ga. App. 860, 861 ( 350 S.E.2d 793) (1986). See Wilkes v. State, 254 Ga. App. 447, 450 ( 562 S.E.2d 519) (2002) ("Here, the question for the jury was whether Wilkes drove the truck in a reckless manner, causing the death of M. S."). Here, the evidence was that Putman drove his car in excess of the posted 45 mph speed limit while attempting to pass Jody Bejin's car on a sharp curve, which act resulted in the death of Ms. Bejin. The indicted act of speeding under such conditions can support a jury finding of reckless driving as a basis for a first degree vehicular homicide charge.

  5. Fouts v. State

    322 Ga. App. 261 (Ga. Ct. App. 2013)   Cited 3 times
    Finding no likelihood that the omission of a specific charge on criminal negligence affected the outcome of the trial and that there was thus no plain error, and, accordingly, finding that the appellant failed to show that trial counsel's failure to request such a charge fell outside the range of reasonable professional conduct and thus failed to show counsel was ineffective on this ground

    (Punctuation and footnote omitted.) Wilkes v. State, 254 Ga.App. 447, 449–450, 562 S.E.2d 519 (2002).Because [Fouts] neither requested [the criminal negligence] charge nor objected when the trial court failed to give it, we review the failure to give the charge only for plain error.