Scoggins v. State

Miller, Chief Judge.

Matthew A. Scoggins was convicted at a stipulated bench trial upon one count of driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)) and one count of driving under the influence of alcohol with an unlawful concentration of alcohol (OCGA § 40-6-391 (a) (5)). Upon entering its findings, the trial court merged the DUI per se offense with the DUI less safe offense, and found Scoggins guilty beyond a reasonable doubt of DUI less safe. On appeal, Scoggins challenges the sufficiency of the evidence, arguing (i) that the trial…