Legal Opinion

Harris v. State

Court of Appeals of Georgia

Decided December 21, 2009No. A10A0119Published

1Opinion of the Court

Johnson, Presiding Judge.

Following a bench trial, Rodney Harris was convicted of driving under the influence of alcohol per se and to the extent he was a less safe driver. He appeals the trial court’s denial of his motion to suppress. We find no error and affirm.

Because the trial court sits as the trier of fact when ruling on a motion to suppress, its findings based upon any conflicting evidence are analogous to a jury verdict and should not be disturbed by a reviewing court if there is any evidence to support them. When reviewing a trial court’s order on a motion to suppress, we must…

2Cases cited5 opinions

  1. Hawkins v. StateCourt of Appeals of Georgia · 1996
  2. State v. TousleyCourt of Appeals of Georgia · 2005
  3. Frederick v. StateCourt of Appeals of Georgia · 2004
  4. Tuttle v. StateCourt of Appeals of Georgia · 1998
  5. Laseter v. StateCourt of Appeals of Georgia · 2008

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