Parker v. State

Court of Appeals of Georgia

Parker v. State

576 S.E.2d 610, 259 Ga. App. 236, 2003 Fulton County D. Rep. 263, 2003 Ga. App. LEXIS 51

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 2003

DocketA02A2072

StatusPublished

Cited by4 cases

This text of 576 S.E.2d 610 (Parker 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

Parker v. State, 576 S.E.2d 610, 259 Ga. App. 236, 2003 Fulton County D. Rep. 263, 2003 Ga. App. LEXIS 51 (Ga. Ct. App. 2003).

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Opinion

Miller, Judge.

Following a bench trial, Jerimi Parker was convicted of driving under the influence to the extent that it was less safe for him to drive and committing an improper and unsafe lane change. On appeal he contends that the trial court erred in denying his motion to suppress the results of his State-administered breath test. Since Parker’s argument on appeal is moot (as even the admission of this evidence would have resulted in no harm to him), we discern no error and affirm.

Despite Parker’s arguments to the contrary, the admission of the results of his State-administered breath test, even if erroneous, would be harmless as a matter of law. Since Parker was convicted only of driving under the influence to the extent that it was less safe for him to drive and committing an improper lane change, and not for driving under the influence while having a specific blood alcohol concentration, the erroneous admission of his State-administered breath test resulted in no harm to him. See Walsh v. State, 220 Ga. App. 514-515 (2) (469 SE2d 526) (1996). His enumeration of error is therefore without merit.

Judgment affirmed.

Johnson, P. J., and Blackburn, P. J., concur.

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Miller, Judge.

Following a bench trial, Jerimi Parker was convicted of driving under the influence to the extent that it was less safe for him to drive and committing an improper and unsafe lane change. On appeal he contends that the trial court erred in denying his motion to suppress the results of his State-administered breath test. Since Parker’s argument on appeal is moot (as even the admission of this evidence would have resulted in no harm to him), we discern no error and affirm.

Despite Parker’s arguments to the contrary, the admission of the results of his State-administered breath test, even if erroneous, would be harmless as a matter of law. Since Parker was convicted only of driving under the influence to the extent that it was less safe for him to drive and committing an improper lane change, and not for driving under the influence while having a specific blood alcohol concentration, the erroneous admission of his State-administered breath test resulted in no harm to him. See Walsh v. State, 220 Ga. App. 514-515 (2) (469 SE2d 526) (1996). His enumeration of error is therefore without merit.

Judgment affirmed.

Johnson, P. J., and Blackburn, P. J., concur.

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Bluebook (online)

576 S.E.2d 610, 259 Ga. App. 236, 2003 Fulton County D. Rep. 263, 2003 Ga. App. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-gactapp-2003.

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