Spencer v. State

Court of Appeals of Georgia

Spencer v. State

808 S.E.2d 918, 344 Ga. App. 111

CourtCourt of Appeals of Georgia

DecidedDecember 12, 2017

DocketA16A0118

StatusPublished

Cited by6 cases

This text of 808 S.E.2d 918 (Spencer 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

Spencer v. State, 808 S.E.2d 918, 344 Ga. App. 111 (Ga. Ct. App. 2017).

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Opinion

McFADDEN, Presiding Judge.

In Spencer v. State, 337 Ga. App. 360, 787 S.E.2d 320 (2016), this court affirmed the appellant's conviction of driving under the influence of alcohol, finding in Division 1 that the trial court had not erred in allowing certain testimony from the arresting officer and in Division 2 that the trial court had not erred in giving a pattern jury instruction instead of a requested charge. The Georgia Supreme Court, in Spencer v. State, 302 Ga. 133, 805 S.E.2d 886 (2017) ), reversed the finding in Division 1 of our opinion and reversed the appellant's DUI conviction, but did not address Division 2 of our opinion. Accordingly, Division 1 of our decision in Spencer, supra at 337 Ga. App. 360-361, 787 S.E.2d 320, is hereby vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed.

Miller, P. J., and McMillian, J., concur.

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McFADDEN, Presiding Judge.

In Spencer v. State, 337 Ga. App. 360, 787 S.E.2d 320 (2016), this court affirmed the appellant's conviction of driving under the influence of alcohol, finding in Division 1 that the trial court had not erred in allowing certain testimony from the arresting officer and in Division 2 that the trial court had not erred in giving a pattern jury instruction instead of a requested charge. The Georgia Supreme Court, in Spencer v. State, 302 Ga. 133, 805 S.E.2d 886 (2017) ), reversed the finding in Division 1 of our opinion and reversed the appellant's DUI conviction, but did not address Division 2 of our opinion. Accordingly, Division 1 of our decision in Spencer, supra at 337 Ga. App. 360-361, 787 S.E.2d 320, is hereby vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed.

Miller, P. J., and McMillian, J., concur.

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808 S.E.2d 918, 344 Ga. App. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-state-gactapp-2017.

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