Legal Opinion

Thomas v. State

Court of Appeals of Georgia

Decided March 20, 1997No. A97A0275PublishedCited by 1 opinion

1Opinion of the Court

Johnson, Judge.

Van Kenneth Thomas appeals from his conviction, following a bench trial, of driving under the influence of alcohol to the extent he was a less safe driver, in violation of OCGA § 40-6-391 (a) (1). We affirm.

1. Thomas contends the evidence is insufficient to support his conviction. On appeal, the presumption of innocence no longer applies, and we must view the evidence in the light most favorable to the verdict. We may not weigh the evidence, or speculate which testimony the factfinder chose to believe or disbelieve. Redding v. State, 217 Ga. App. 529 (458 SE2d 168) (1995).

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2Cases cited5 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Burson v. CollierSupreme Court of Georgia · 1970
  3. Payne v. StateCourt of Appeals of Georgia · 1995
  4. Duckett v. StateCourt of Appeals of Georgia · 1992
  5. Redding v. StateCourt of Appeals of Georgia · 1995

3Cited by1 opinion

  1. Department of Highway Safety & Motor Vehicles v. CherryDistrict Court of Appeal of Florida · 2011

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