Stephens v. State

Bernes, Judge.

Following a bench trial, appellant Robert Wayne Stephens was convicted of one count of driving under the influence (“DUI”) — less safe driver (OCGA § 40-6-391 (a) (1)). Appellant challenges the sufficiency of the State’s evidence, contending that his conviction was based upon circumstantial evidence which failed to exclude every other reasonable hypothesis except that of his guilt. For the reasons set forth below, we find appellant’s claim of error to be without merit and affirm.

On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the…