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Ponder v. State6/29/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Following a trial by jury, Appellant James Allen Ponder was convicted of homicide by vehicle in the first degree; reckless driving, driving under the influence driving without insurance, and two counts of hit and run. Ponder appeals, challenging the sufficiency of the evidence as to his conviction for homicide by vehicle and driving under the influence. We find Ponder's claims of error to be without merit and affirm.
When evaluating the sufficiency of evidence, the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). This Court does not reweigh evidence or resolve conflicts in testimony; instead, evidence is reviewed in a light most favorable to the verdict, with deference to the jury's assessment of the weight and credibility of the evidence. [Cits.]."
Mickens v. State, 277 Ga. 627, 627-628 (593 SE2d 350) (2004).
So viewed, the evidence shows that on February 12, 2000, at approximately 11:30 p.m., Sylvania Police Department Sergeant Gary Scott observed Ponder traveling on Clark Circle in a vehicle with its lights out. Sgt. Scott activated his blue lights, began pursuing Ponder and radioed that "they were running from him." During the course of the pursuit, Ponder sideswiped a vehicle as he ran through a stop sign.
Midville police officer George Mixon heard Sgt. Scott over the radio and proceeded north on Highway 301 to assist him. Mixon observed Sgt. Scott shortly thereafter in the southbound lane pursuing Ponder at a rate of 80-90 miles per hour. Sgt. Scott's blue lights and siren were on and Ponder's headlights were off.
Apparently aware that Officer Mixon had activated his emergency equipment, Ponder drove his vehicle toward Mixon's, forcing Mixon off the road. Officer Mixon brought his vehicle back onto the highway and joined in the pursuit. Mixon testified that after closing to within 150 to 200 feet of Sergeant Scott's vehicle, Scott gradually moved his vehicle into an uphill grade passing lane of the highway as if he intended to pass Ponder. Mixon then saw Scott's vehicle turn sharply into the traffic lane coming north. Moments later, he came upon Scott's vehicle which had collided with an oncoming Buick.
Based on physical evidence at the scene the State Patrol's accident reconstruction specialist opined that Scott did a "sudden-snatch-left," a sudden evasive maneuver, to avoid a collision between his and Ponder's vehicle and while doing so, lost control of his vehicle and collided with the oncoming Buick.
Ponder continued on and and sideswiped a third vehicle as it attempted to turn left onto the highway. The driver of the third vehicle pursued Ponder. When Ponder suddenly applied his brakes, the third vehicle struck Ponder's vehicle, forcing Ponder off the road. The driver of the third vehicle then turned around and drove down the road where he informed police of what had transpired. In the meantime, Ponder and his passenger, Craig Dixon, exited their vehicle and fled into nearby woods.
Ponder was arrested early the next morning after police received a report of two suspicious men on foot. Ponder's blood was drawn at approximately 8:30 a.m.. Scientific analysis of his blood revealed the presence of 19 nanograms of THC, a level of THC which indicated Ponder had smoked marijuana within twelve hours of the time his blood was drawn. Ponder admitted at trial that he had smoked marijuana between 9:00 and 10:00 the night of the incident. A Georgia State Crime Laboratory forensic toxicologist testified at trial
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