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SHIVERS v. STATE

No. S91A1358.

410 S.E.2d 122 (1991)

261 Ga. 736

SHIVERS v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied December 4, 1991.

Attorney(s) appearing for the Case

Marsha L. Sutherland, Darryl B. Cohen & Associates, Atlanta, for Shivers.

Thomas J. Charron, Dist. Atty., Charles M. Norman, Debra Halpern Bernes, Nancy I. Jordan, Asst. Dist. Attys., Marietta, for the State.

WELTNER, Justice.

Ronald Mickey Shivers was convicted by a jury of homicide by vehicle, serious injury by vehicle, and leaving the scene of an accident. He was sentenced to a term of years.

1. (a) Shivers complains that OCGA § 40-6-391(a)(4), when considered in conjunction with OCGA § 40-6-392(b)(3) and (4), is unconstitutional by reason of overbreadth.

(b) In Gunn v. State, 244 Ga. 51(2),

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