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HOWDEN v. STATE

No. A99A2157.

522 S.E.2d 279 (1999)

240 Ga. App. 139

HOWDEN v. The STATE.

Court of Appeals of Georgia.

Reconsideration Dismissed September 23, 1999.

Attorney(s) appearing for the Case

Kinney, Kemp, Sponcler, Joiner & Tharpe, Dalton, James T. Ward, for appellant.

Kermit N. McManus, District Attorney, Matthew A. Rankin, Assistant District Attorney, for appellee.

McMURRAY, Presiding Judge.

Defendant Dwight Edward Howden was convicted, after a bench trial, of driving under the influence of alcohol. Defendant filed this appeal, challenging the trial court's order denying his motion to suppress. This Court must construe the facts, if possible, so as to uphold the trial court's findings and judgment. Tate v. State, 264 Ga. 53, 54(1), 440 S.E.2d 646.

On May 4, 1998, defendant stayed...

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