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GILBERT v. STATE

S92A1524.

262 Ga. 840 (1993)

426 S.E.2d 155

GILBERT v. THE STATE.

Supreme Court of Georgia.

Reconsideration Denied March 12, 1993.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Eric D. Hearn, Bentley C. Adams III, Patricia A. Buttaro, for appellant.

Griffin E. Howell III, Solicitor, for appellee.

HUNSTEIN, Justice.

Jeffery Gilbert was convicted of DUI (less safe driver), OCGA § 40-6-391 (a) (1), and underage possession of alcohol, OCGA § 3-3-23 (a) (2), and acquitted of DUI (alcohol concentration of.12 grams), OCGA § 40-6-391 (a) (4). He appeals.

1. Appellant contends the evidence was insufficient to support the verdict. At trial, the state trooper testified that in investigating an accident scene, she discovered appellant, smelling...

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