Legal Opinion

State v. Gomez

Court of Appeals of Georgia

Decided March 22, 2004No. A03A2347PublishedCited by 30 opinions

1Opinion of the Court

Ellington, Judge.

In February 2002, the solicitor-general of Gwinnett County filed an accusation against Roberto Duran Gomez for driving under the influence of alcohol, OCGA § 40-6-391 (a) (1) and (5), as well as other traffic violations. The trial court subsequently ordered that all evidence resulting from the traffic stop be excluded at trial, and the State appeals. We find the trial court erred in excluding the evidence, because Gomez’s motion was both untimely and legally insufficient, and because the police officer had a sufficient legal basis for stopping Gomez. Therefore, we reverse.

The…

2Cases cited6 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Hudson v. StateCourt of Appeals of Georgia · 2001
  3. Brown v. StateCourt of Appeals of Georgia · 2002
  4. State v. AllenCourt of Appeals of Georgia · 2002
  5. State v. RoddyCourt of Appeals of Georgia · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. State v. SmithCourt of Appeals of Georgia · 2011
  2. Young v. StateSupreme Court of Georgia · 2007
  3. Prather v. StateCourt of Appeals of Georgia · 2006
  4. Moore v. StateCourt of Appeals of Georgia · 2006
  5. State v. HardenCourt of Appeals of Georgia · 2004

25 more not listed; retrieve them via the Exa API.

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