Komala v. State

Blackburn, Judge.

Angela Komala appeals her conviction, following a jury trial, for driving under the influence. Komala contends that (1) the evidence was insufficient to support the verdict and (2) the trial court erred by instructing the jury regarding the evidentiary ramifications of the refusal of a breath test because Komala’s actions did not constitute such a refusal. For the reasons set forth below, we affirm the conviction.

1

On appeal the evidence must be viewed in the light most favorable to support the verdict, and [Komala] no longer enjoys a presumption of innocence; moreover, an…