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Meguel Demarcus Whaleyv.The State

CourtCourt of Appeals of Georgia
Docket No.A16A0569
DecidedMay 4, 2016
Reporter247 Ga. App. 719
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawSufficiency of the EvidenceStatutory InterpretationReversal
Case Summary

Meguel Whaley was convicted of hijacking a motor vehicle, possessing marijuana with intent to distribute, possessing a firearm during a crime, fleeing from police, and reckless driving. He challenged the sufficiency of the evidence. The Court of Appeals affirmed the serious felony convictions but reversed the reckless-driving conviction. The State’s indictment alleged that Whaley drove at a high rate of speed and ran several red lights. Although the evidence showed dangerous driving, the State conceded that it had not proved the specific allegation that he ran several red lights. Under Georgia law, a material descriptive allegation in an indictment must be proved and cannot be dismissed as surplusage. Because the State failed to establish that essential allegation, the evidence did not support the reckless-driving conviction as charged. The court affirmed in part and reversed in part, leaving the other convictions intact. The remaining panel members concurred.

Opinion

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