ELLINGTON, P. J., ANDREWS and RICKMAN, JJ.
Ellington, Presiding Judge.
bench trial, the State Court of Clayton County found Debra
Hill guilty beyond a reasonable doubt of a misdemeanor
pedestrian violation, failing to yield the right of way to
vehicles upon the roadway when crossing other than at a
crosswalk, OCGA § 40-6-92 (a). Hill appeals, challenging
the sufficiency of the evidence. For the following reasons,
reviewing a conviction after a bench trial,
[t]he issue before [the appellate court] is whether the
evidence was sufficient to support a conviction under the
standards of Jackson v. Virginia, 443 U.S. 307 (99
S.Ct. 2781, 61 L.Ed.2d 560) (1979). Therefore, we view the
evidence in the light most favorable to the [trial
court's judgment], and the defendant no longer enjoys the
presumption of innocence. We do not weigh the evidence[, ]
nor do we determine the [witnesses'] credibility.
Instead, we determine only whether the evidence was
sufficient for a rational trier of fact to find the defendant
guilty of the charged offense beyond a reasonable doubt.
(Citations and punctuation omitted.) Brown v. State,
298 Ga.App. 545, 545-546 (680 S.E.2d 579) (2009).
in the light most favorable to the trial court's
judgment, the evidence showed the following undisputed facts.
On July 1, 2015, at approximately 7:00 p.m., Rodolfo
Navarro-Sanchez was driving his van westbound on Mount Zion
Road in Morrow. It was raining and traffic was heavy. At the
traffic light at the intersection with Jonesboro Road,
Navarro-Sanchez stopped in the dedicated left-turn lane,
preparing to turn left onto southbound Jonesboro Road. At the
red light, he was first in line, waiting for a green
left-turn arrow. When the left-turn arrow turned green,
Navarro-Sanchez turned left into the southbound lanes of
Jonesboro Road, and his van struck Hill, who was on foot in
the intersection, and threw her into the air.
did not see Hill before striking her. Hill testified that she
had been walking westbound along Mount Zion Road and was in
the process of crossing Jonesboro Road, after waiting for the
light. She testified that she crossed in front of the cars
stopped in the northbound lanes on Jonesboro Road and was hit
when she continued across the southbound lanes. An
eyewitness, a driver who was headed southbound on Jonesboro
Road and stopped at the traffic light at Mount Zion Road,
testified that he saw Hill to his left as she waited for the
light to change and then crossed several lanes of Jonesboro
Road before she was hit. The responding officer concluded,
contrary to Hill and the witness, that Hill had been walking
eastbound. At any rate, as Hill admitted, there was no
crosswalk marked on the pavement; the only marking on
Jonesboro Road was the painted stop line for vehicles.
responding officer cited Hill for an improper pedestrian
crossing. The State filed an accusation charging her with
failing to yield the right of way to vehicles when crossing a
roadway at other than a crosswalk, in violation of OCGA
§ 40-6-92 (a). That Code section provides:
Every pedestrian crossing a roadway at any point other than
within a marked crosswalk or within an unmarked crosswalk at
an intersection shall yield the right of way to all vehicles
upon the roadway unless he [or she] has already, and under
safe conditions, entered the roadway.
noted above, it is undisputed that there was no marked
crosswalk where Hill was crossing Jonesboro Road. In
addition, there was no evidence that Hill was crossing from
one sidewalk to another on the opposite side of Jonesboro
Road. Consequently, it is undisputed that Hill was crossing
other than at either a marked crosswalk or an unmarked
crosswalk. Furthermore, the evidence authorized the
trial court to find that Hill entered the roadway when it was
not safe to do so, given the traffic and weather conditions,
and that she failed to yield to motor vehicle traffic.
Accordingly, the trial court did not err in finding that she
violated OCGA § 40-6-92 (a). Nelson v. State,
317 Ga.App. 527, 528 (731 S.E.2d 770) (2012) (Where the
defendant crossed opposite a bus stop at night, although
there were intersections with marked crosswalks located
approximately 50 yards away from the bus stop, she crossed at
other than a crosswalk when it was unsafe to do so in
violation of OCGA § 40-6-92 (a).).
Andrews and ...