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AUSTIN v. STATE

A91A0440.

200 Ga. App. 91 (1991)

406 S.E.2d 500

AUSTIN v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied June 20, 1991.

Attorney(s) appearing for the Case

Richardson, Chenggis & Constantinides, George G. Chenggis, for appellant.

Ralph T. Bowden, Jr., Solicitor, W. Cliff Howard, K. Eric Morrow, Assistant Solicitors, for appellee.

McMURRAY, Presiding Judge.

Via accusation, couched in two counts, defendant was charged with driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (1) and driving with unlawful alcohol concentration in violation of OCGA § 40-6-391 (a) (4). The jury returned a verdict of guilty on each count of the accusation but sentence was imposed on Count 2 only. This appeal followed the denial of defendant's motion for a new trial. Held:<...

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