Spencer v. State

Full title: SPENCER v. The STATE.

Court: Court of Appeals of Georgia.

Date published: Dec 12, 2017

344 Ga. App. 111 (Ga. Ct. App. 2017)

808 S.E.2d 918

Opinion

A16A0118

12-12-2017

SPENCER v. The STATE.

Thomas James Thomas, for Appellant. John Andrew Pipkin III, William Barney Kennedy, for Appellee.

McFADDEN, Presiding Judge.

Thomas James Thomas, for Appellant.

John Andrew Pipkin III, William Barney Kennedy, for Appellee.

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.