Byrd v. State

Miller, Judge.

A jury convicted James Byrd of driving under the influence of alcohol to the extent that he was a less safe driver. In his sole enumeration of error, Byrd argues the evidence was insufficient to support his conviction because there was no evidence that his driving ability was impaired. We affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and Byrd no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The verdict must…