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344 Ga. App. 111

808 S.E.2d 918

Spencer v. State

Court of Appeals of Georgia

Decided December 12, 2017

Court of Appeals of Georgia · decided 2017-12-12

Cited by 18 later decisions — most recently November 2022

18 state decisions

Relies on Spencer v. State · 337 Ga. App. 360 - Spencer v. the State

Good law ✅— No negative treatment on recordhow we know

Decided 2017-12-12

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McFADDEN, Presiding Judge.

¶1In 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.

¶2Judgment reversed.

¶3Miller, P. J., and McMillian, J., concur.

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