Perry v. State

Birdsong, Presiding Judge.

James William Perry appeals from his judgment of conviction of DUI and habitual violator, the denial of his motion for new trial, and the sentence. He claims that the trial court erred in denying his motion for new trial on three separate grounds. Held:

1. We note that certain assertions of fact are contained in appellate briefs which are not supported by evidence of record. Such assertions will not be considered on appeal. Behar v. Aero Med Intl., 185 Ga. App. 845 (1) (366 SE2d 223); accord Robinson v. State, 200 Ga. App. 515 (1) (408 SE2d 820). Additionally, an…