King v. State

I agree that it was error for the trial judge to charge the burden-shifting language of OCGA § 40-6-392 (b) (3). Sandstrom v. Montana, 442 U. S. 510, 517 (99 SC 2450, 61 LE2d 39) (1979); Francis v. Franklin, 471 U. S. 307 (105 SC 1965, 85 LE2d 344) (1985); Simon v. State, 182 Ga. App. 210, 212 (355 SE2d 120) (1987). However, the error was harmless under the facts of this case. See Rose v. Clark, 478 U. S. 570 (106 SC 3101, 92 LE2d 460) (1986).

The jury was instructed: “If there was at the time an alcohol concentration of 0.10 grams or more, it shall be presumed that the person was under the…