Parker v. State

MlKELL, Judge.

Franklin Earl Parker received a traffic citation for passing in a no-passing zone, a violation of OCGA § 40-6-46. He was found guilty after a bench trial and fined $67.50. Parker appeals, and we affirm.

“[I]n a bench trial, the court sits as trier of fact and his findings shall not be set aside unless clearly erroneous. The clearly erroneous test is the same as the any evidence rule. Thus, an appellate court will not disturb fact findings of a trial court if there is any evidence to sustain them.” Furthermore, “[o]n appeal, the evidence must be construed favorably to uphold the…