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STATE v. HERRERA-BUSTAMANTE

S18A0703.

818 S.E.2d 552 (2018)

The STATE v. HERRERA-BUSTAMANTE.

Supreme Court of Georgia.

Decided: August 20, 2018.

Attorney(s) appearing for the Case

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Rosanna M. Szabo , Solicitor-General, Samuel Richard d'Entremont , Assistant Solicitor-General, Joelle M. Nazaire , OFFICE OF THE GWINNETT COUNTY SOLICITOR GENERAL, Daniel J. Porter , District Attorney, GWINNETT COUNTY DISTRICT ATTORNEY'S OFFICE, 75 Langley Drive, Lawrenceville, Georgia 30046, for Appellant.

Ramón Alvarado , THE LAW OFFICE OF RAMÓN ALVARADO, 4001-A Wetherburn Way, Norcross, Georgia 30092, for Appellee.

Moises Herrera-Bustamante was convicted after a jury found him guilty of driving under the influence of alcohol and having an open container of alcohol. About a year later, while his motion for new trial was pending, this Court decided Olevik v. State, 302 Ga. 228, 806 S.E.2d 505

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