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WAGNER v. STATE

No. A11A0895.

716 S.E.2d 633 (2011)

311 Ga. App. 589

WAGNER v. The STATE.

Court of Appeals of Georgia.

September 7, 2011.

Attorney(s) appearing for the Case

Christopher Reginald Geel , Atlanta, Lawrence Jason Zimmerman , for appellant.

Barry Edward Morgan , Solicitor-General, Christopher Scott Lanning , Assistant Solicitor-General, for appellee.

BARNES, Presiding Judge.

A jury convicted James D. Wagner of driving under the influence of alcohol to the extent it was less safe for him to drive ("DUI-Less Safe") and of child endangerment for driving with a child in the car while under the influence of alcohol ("DUI-Child Endangerment"). The trial court subsequently denied his motion for a new trial. On appeal, Wagner contends that the trial court committed reversible error by instructing the jury that it could...

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