Veal v. State

Court of Appeals of Georgia

Veal v. State

422 S.E.2d 920, 205 Ga. App. 564, 92 Fulton County D. Rep. 2250, 1992 Ga. App. LEXIS 1246

CourtCourt of Appeals of Georgia

DecidedSeptember 24, 1992

DocketA92A1581

StatusPublished

Cited by1 cases

This text of 422 S.E.2d 920 (Veal 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

Veal v. State, 422 S.E.2d 920, 205 Ga. App. 564, 92 Fulton County D. Rep. 2250, 1992 Ga. App. LEXIS 1246 (Ga. Ct. App. 1992).

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Opinion

Carley, Presiding Judge.

After a jury trial, appellant was found guilty of driving under the influence. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

Appellant enumerates only the general grounds. The evidence showed that appellant was found sleeping in his car parked on the side of the road. A number of empty beer cans were in the car and appellant’s breath smelled of alcohol. Appellant was unsteady on his feet and his speech was slurred. He refused a breath test. It was undisputed that appellant and no one else had driven the vehicle. On this evidence, the jury was authorized to find appellant guilty of driving under the influence. Brooks v. State, 187 Ga. App. 194, 195 (1) (369 SE2d 801) (1988); Lewis v. State, 149 Ga. App. 181 (1) (254 SE2d 142) (1979). When construed most favorably for the State, the evidence was sufficient to authorize a rational trior of fact to find proof of appellant’s guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

Pope and Johnson, JJ., concur.

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Carley, Presiding Judge.

After a jury trial, appellant was found guilty of driving under the influence. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

Appellant enumerates only the general grounds. The evidence showed that appellant was found sleeping in his car parked on the side of the road. A number of empty beer cans were in the car and appellant’s breath smelled of alcohol. Appellant was unsteady on his feet and his speech was slurred. He refused a breath test. It was undisputed that appellant and no one else had driven the vehicle. On this evidence, the jury was authorized to find appellant guilty of driving under the influence. Brooks v. State, 187 Ga. App. 194, 195 (1) (369 SE2d 801) (1988); Lewis v. State, 149 Ga. App. 181 (1) (254 SE2d 142) (1979). When construed most favorably for the State, the evidence was sufficient to authorize a rational trior of fact to find proof of appellant’s guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

Pope and Johnson, JJ., concur.

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422 S.E.2d 920, 205 Ga. App. 564, 92 Fulton County D. Rep. 2250, 1992 Ga. App. LEXIS 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/veal-v-state-gactapp-1992.

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