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HEWETT v. STATE

No. A00A0384.

534 S.E.2d 867 (2000)

244 Ga. App. 112

HEWETT v. The STATE.

Court of Appeals of Georgia.

May 19, 2000.

Attorney(s) appearing for the Case

Jackie G. Patterson, LaGrange, Yasma Patterson, for appellant.

L. Jack Kirby, Solicitor, for appellee.

MILLER, Judge.

A jury found Gene Hewett, Jr. guilty under Count 1 of driving under the influence to the extent it was less safe for him to drive1 and guilty under Count 2 of driving a moving vehicle while his alcohol concentration was more than 0.10 grams (a "per se" violation)2 using the same factual scenario. Observing that the two counts were in the alternative and were to be sentenced as though they were...

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