Grisson v. State

Court of Appeals of Georgia

Grisson v. State

431 S.E.2d 468, 208 Ga. App. 679, 93 Fulton County D. Rep. 1982, 1993 Ga. App. LEXIS 545

CourtCourt of Appeals of Georgia

DecidedMay 24, 1993

DocketA93A0030

StatusPublished

Cited by3 cases

This text of 431 S.E.2d 468 (Grisson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grisson v. State, 431 S.E.2d 468, 208 Ga. App. 679, 93 Fulton County D. Rep. 1982, 1993 Ga. App. LEXIS 545 (Ga. Ct. App. 1993).

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Opinion

Cooper, Judge.

Appellant was convicted of driving under the influence. In his sole enumeration of error, he argues that the trial court erred in denying his motion in limine to exclude the results of the State’s breath test because he was denied his right to an independent test of his own choosing pursuant to OCGA § 40-6-392 (a) (3).

After a hearing on the motion in limine, the trial court found that appellant was afforded the opportunity to request an independent test, that he did request such a test, and that the independent test was performed as requested. Appellant argues that the evidence at the hearing was not sufficient to support these findings. However, *680 the hearing was not recorded. Error must be shown by the record rather than by brief, and “absent a transcript, ‘we must assume the ruling of the trial court is supported by the evidence.’ [Cit.]” Odom v. State, 196 Ga. App. 293 (3) (396 SE2d 27) (1990). Accordingly, this argument is without merit and the judgment must be affirmed.

Decided May 24, 1993. Darryl K. Brown, for appellant. Kenneth W. Mauldin, Solicitor, for appellee.

Judgment affirmed.

McMurray, P. J., and Beasley, P. J., concur.

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Cooper, Judge.

Appellant was convicted of driving under the influence. In his sole enumeration of error, he argues that the trial court erred in denying his motion in limine to exclude the results of the State’s breath test because he was denied his right to an independent test of his own choosing pursuant to OCGA § 40-6-392 (a) (3).

After a hearing on the motion in limine, the trial court found that appellant was afforded the opportunity to request an independent test, that he did request such a test, and that the independent test was performed as requested. Appellant argues that the evidence at the hearing was not sufficient to support these findings. However, *680 the hearing was not recorded. Error must be shown by the record rather than by brief, and “absent a transcript, ‘we must assume the ruling of the trial court is supported by the evidence.’ [Cit.]” Odom v. State, 196 Ga. App. 293 (3) (396 SE2d 27) (1990). Accordingly, this argument is without merit and the judgment must be affirmed.

Decided May 24, 1993. Darryl K. Brown, for appellant. Kenneth W. Mauldin, Solicitor, for appellee.

Judgment affirmed.

McMurray, P. J., and Beasley, P. J., concur.

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Bluebook (online)

431 S.E.2d 468, 208 Ga. App. 679, 93 Fulton County D. Rep. 1982, 1993 Ga. App. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grisson-v-state-gactapp-1993.

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