HUGHES v. STATE

No. S98A0256.

497 S.E.2d 790 (1998)

269 Ga. 258

HUGHES v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied April 1, 1998.


Attorney(s) appearing for the Case

Ruth P. Marks, Rome, for Jeffrey Scott Hughes.

Thomas James Charron, Dist. Atty., Debra Halpern Bernes, Ann Bethune Harris, Nancy I. Jordan, Asst. Dist. Attys., Marietta, Carol A. Callaway, Asst. Atty. Gen., Mary Beth Westmoreland, Deputy Atty. Gen., Department of Law, Atlanta, for the State.


HUNSTEIN, Justice.

Jeffrey Scott Hughes was convicted of being an habitual violator, OCGA § 40-5-58, and he appeals contending that statute violates the Georgia and Federal constitutions because it contains no mens rea element. We do not reach this issue, however, because we find Hughes' conviction must be reversed due to the trial court's error in denying his motion to suppress evidence.

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