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MILLER v. STATE

No. A98A2076.

513 S.E.2d 27 (1999)

236 Ga. App. 825

MILLER v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 9, 1999.

Certiorari Denied July 2, 1999.

Attorney(s) appearing for the Case

Raymon D. Burns, Decatur, for appellant.

Daniel J. Porter, District Attorney, John S. Melvin, Assistant District Attorney, for appellee.

BEASLEY, Presiding Judge.

Miller was charged with two counts of first degree vehicular homicide under OCGA § 40-6-393(a). Count 1 alleged that he caused the death of David Stachur through violation of OCGA § 40-6-391(a)(1) (DUI to the extent that it was less safe to drive) by striking a bicycle being pedaled by Stachur. Count 2 accused Miller of causing Stachur's death through violation of OCGA § 40-6-391(a)(5) (DUI with an unlawful blood-alcohol concentration...

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