Younger v. State

RUFFIN, Presiding Judge.

Following a bench trial, Aubrey Younger was found guilty of operating a motor vehicle without a tag. Younger appeals, pro se, challenging the sufficiency of the evidence and arguing that there was a fatal variance between the crime alleged in the indictment and the evidence proven at trial. We agree and reverse.

Viewed with all inferences in favor of the trial court’s judgment, 2 the evidence shows that Cobb County police officer Paul Smith stopped Younger for improperly driving over a roadway gore. Younger was driving a rental car and towing a trailer that he said he…