Gilbert v. City of Manchester

Beasley, Judge.

Gilbert was convicted in a recorder’s court of driving under the influence of alcohol (OCGA § 40-6-391 (a)) and with improper equipment (OCGA § 40-8-7). He appealed under OCGA § 40-13-28 to the superior court, which affirmed.

The superior court ruled against Gilbert on two issues. These rulings are enumerated as error. As to the first, the superior court reviewed the appeal “on the record,” as required by OCGA § 40-13-28 and Walton v. State, 261 Ga. 392, 394 (2) (405 SE2d 29) (1991), and rejected Gilbert’s challenge to the sufficiency of the evidence, since “there is no…