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NELSON v. STATE

No. A12A0812.

731 S.E.2d 770 (2012)

NELSON v. The STATE.

Court of Appeals of Georgia.

August 30, 2012.

Attorney(s) appearing for the Case

Steven H. Sadow , Atlanta, for Appellant.

Barry Edward Morgan , Marietta, Jimmy Lawrence Newkirk , for Appellee.

MILLER, Judge.

Raquel Nelson was convicted of misdemeanor homicide by vehicle in the second degree (OCGA § 40-6-393(c)) after her four-year-old son, A.J., was tragically struck by an oncoming vehicle when he attempted to cross the street.1 The trial court granted Nelson a new trial on its own motion pursuant to OCGA § 5-5-40(h). Nelson filed a post-conviction plea in bar on the ground of double jeopardy, contending that the evidence...

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