Spruell v. State

Blackburn, Judge.

Benjamin Allan Spruell appeals his conviction of operating a motor vehicle after being declared a habitual violator under OCGA § 40-5-58 (c) (1).

In his sole enumeration of error, Spruell contends the trial court erred in denying his motion for directed verdict in that a fatal variance existed between the allegation in the indictment and the evidence adduced at trial. The indictment charged, in pertinent part, that Spruell “did unlawfully operate a motor vehicle after [he] had received notice that his driver’s license had been revoked under the provisions of Section 40-5-58 of…