Looney v. State

Pope, Judge.

Jerry A. Looney brings this appeal from his conviction and sentence of driving under the influence of alcohol. Held:

1. Appellant’s first enumeration of error challenges the trial court’s ruling which allowed the playing of a video tape recording (without sound) of appellant while he was being given a breath test for alcohol following his arrest. Appellant timely filed a motion for discovery of his in-custody statements pursuant to OCGA § 17-7-210. The State failed to respond to this request. As a result, the audio portion of the video tape of appellant was excluded from trial upon…