Peek v. State

Court of Appeals of Georgia

Peek v. State

534 S.E.2d 198, 243 Ga. App. 784, 2000 Fulton County D. Rep. 2199, 2000 Ga. App. LEXIS 561

CourtCourt of Appeals of Georgia

DecidedMay 3, 2000

DocketA98A1510

StatusPublished

This text of 534 S.E.2d 198 (Peek 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

Peek v. State, 534 S.E.2d 198, 243 Ga. App. 784, 2000 Fulton County D. Rep. 2199, 2000 Ga. App. LEXIS 561 (Ga. Ct. App. 2000).

Pincite

Opinion

Ellington, Judge.

Christopher E. Peek was convicted of driving under the influence of alcohol, OCGA § 40-6-391 (a). Peek appealed to this Court, and we affirmed his conviction in Peek v. State, 235 Ga. App. 693 (509 SE2d 358) (1998).

The Supreme Court granted certiorari and reversed our finding that the State had satisfied its burden under OCGA § 40-6-392 of proving that the person who drew Peek’s blood for the state-administered blood alcohol test was qualified to do so by introducing the phlebotomist’s “employee education cumulative report.” Peek v. State, 272 Ga. 169 (527 SE2d 552) (2000). Accordingly, our ruling is [785]*785vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Decided May 3, 2000. Monte K. Davis, George A. Stein, for appellant. Keith C. Martin, Solicitor, Kimberly A. Gross, Assistant Solicitor, for appellee.

Judgment reversed.

Pope, P. J., and Ruffin, J, concur.

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