Hopkins v. State

MlKELL, Judge.

On August 9, 2005, a jury found Marty Raymond Hopkins guilty of driving under the influence (DUI) to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), and of violating the open container law, OCGA § 40-6-253. On December 30, 2005, the trial court granted his motion for an out-of-time appeal. Thereafter, Hopkins filed a timely motion for new trial, asserting, inter alia, that his trial counsel rendered ineffective assistance by tendering into evidence the police report, which contained the numeric result of his alco-sensor test. Following a hearing, the…