Stacey v. State

Blackburn, Judge.

Raymond Allen Stacey appeals his conviction as a habitual violator defined under OCGA § 40-5-58.

1. In his first enumeration of error, Stacey contends the trial court erred in denying his motion for new trial in that a fatal variance existed between the allegations of the indictment and the evidence adduced at trial. The indictment charged, in pertinent part, that Stacey “after having been declared to be a habitual violator by the Georgia Department of Public Safety, did operate a motor vehicle on Blandburg Road.” At trial, two witnesses identified Stacey as the driver of a…