Barber v. State

Blackburn, Judge.

Johnny Layton Barber appeals the trial court’s denial of his motion for new trial. Barber asserts several enumerations of error.

On July 1, 1994, Barber was cited for DUI in violation of OCGA § 40-6-391 (a) (4). On September 28, 1994, the trial court denied Barber’s motion to suppress scientific evidence of his blood alcohol level. Also on September 28,1994, Barber entered a plea of “nolo contendere subject to right of appeal.” On October 25, 1994, Barber filed a motion for new trial contending that his plea was invalid. Thereafter, nothing happened for almost three years…