Dunagan v

State, 286 Ga. App. 668, 649 S.E.2d 765 (2007), reversed on other grounds, 283 Ga. 501, 661 S.E.2d 525 (2008). Jury question as to whether victim died on impact. — Conviction for serious injury by vehicle was not void as the resolution of whether the victim died immediately upon impact was for the jury. Taylor v. State, 295 Ga. App. 689, 673 S.E.2d 7, aff ’d, 286 Ga. 328, 687 S.E.2d 409 (2009). Sentence improper. — Given that a charge of DUI served as the predicate act underlying a charge of serious injury by vehicle, thus constituting a lesser in- 444 cluded crime of the serious injury by vehicle, O.C.G.A. § 16-1-7(a) barred conviction of and punishment for both; hence, in light of this incongruence, the defendant’s DUI conviction and sentence, as well as 40-6-395 the sentence for serious injury by vehicle, were vacated. Hannah v. State, 280 Ga. App. 230, 633 S.E.2d 800 (2006). Cited in Holman v. State, 329 Ga. App. 393, 765 S.E.2d 614 (2014).