Pecina v. State

Hines, Justice.

Everardo Martinez Pecina was convicted of driving under the influence of alcohol to the extent that it was less safe for him to drive than if he was not so influenced (“DUI”), OCGA § 40-6-391 (a) (1), and serious injury by vehicle, OCGA § 40-6-394. He challenges the constitutionality of OCGA § 40-6-394 as applied in his case and of Rule 31.3 of the Uniform Superior Court Rules (“USCR”), the sufficiency of the evidence, the admission of evidence of similar transactions, and the trial court’s instructions to the jury. For the reasons which follow, we affirm.

Pecina was driving a…