Fisher v. State

Full title: FISHER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 5, 1986

340 S.E.2d 282 (Ga. Ct. App. 1986)

340 S.E.2d 282

Opinion

71732.

DECIDED FEBRUARY 5, 1986.

D.U.I. DeKalb State Court. Before Judge Smith.

John Matteson, for appellant.

Ralph T. Bowden, Jr., Solicitor, Nancy H. Jackson, Assistant Solicitor, for appellee.

McMURRAY, Presiding Judge.

Defendant appeals his conviction of driving while under the influence of alcohol. Held:

Defendant's sole enumeration of error addresses the sufficiency of the evidence. The State's evidence is that defendant was pulled over after a police officer observed him weaving (crossing the lane dividing line several times). The defendant's breath smelled of alcohol, his eyes were glossy, his speech slurred and he was unsteady on his feet. An intoximeter test revealed defendant's blood alcohol content was .10 grams percent. The arresting officer testified that in his opinion defendant was under the influence of alcohol to the extent that he was a less safe driver.

The evidence was sufficient to authorize a rational trier of fact to find defendant guilty beyond a reasonable doubt of the offense of driving while under the influence of alcohol. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Pope v. State, 176 Ga. App. 201, 202 (2) ( 335 S.E.2d 478); Japhet v. State, 176 Ga. App. 189, 191 (7) ( 335 S.E.2d 425); Fredericks v. State, 176 Ga. App. 40, 41 (1) ( 335 S.E.2d 154).

Judgment affirmed. Carley and Pope, JJ., concur.

McMURRAY, Presiding Judge.

DECIDED FEBRUARY 5, 1986.