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TOTH v. STATE

No. A10A1115.

700 S.E.2d 910 (2010)

TOTH v. The STATE.

Court of Appeals of Georgia.

September 10, 2010.

Attorney(s) appearing for the Case

Billy Joe Toth , pro se.

Benjamin S. Richardson , Solicitor-General, Suzanne P. Goddard , Asst. Solicitor-General, for appellee.

McMURRAY, Senior Appellate Judge.

Billy Joe Toth was convicted of DUI (per se)1 following a jury trial. On appeal, Toth contends that the trial court erred in denying his motion to suppress the breath test evidence. Because Toth chose to exclude the transcript of the trial court's proceedings from the appellate record, we are unable to review his claim of error. Therefore, we must affirm.

The burden rests upon the appellant to...

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