Legal Opinion

Bacallao v. State

Court of Appeals of Georgia

Decided January 6, 2011No. A10A1743PublishedCited by 11 opinions

1Opinion of the Court

MlKELL, Judge.

After a bench trial, Denise Bacallao was convicted of driving under the influence per se 1 and driving under the influence to the extent that it was less safe. 2 On appeal, Bacallao challenges the trial court’s denial of her motion to suppress. Discerning no error, we affirm.

When reviewing a trial court’s order on a motion to suppress, we are guided by three principles with respect to the trial court’s judgment of the facts:

First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings…

2Cases cited8 opinions

  1. Jorgensen v. StateCourt of Appeals of Georgia · 1993
  2. Stokes v. StateCourt of Appeals of Georgia · 1999
  3. State v. CauseyCourt of Appeals of Georgia · 2000
  4. Carrera v. StateCourt of Appeals of Georgia · 2003
  5. Blankenship v. StateCourt of Appeals of Georgia · 2009

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Culpepper v. StateCourt of Appeals of Georgia · 2011
  2. Miller v. City Views at Rosa Burney Park GP, LLCCourt of Appeals of Georgia · 2013
  3. State v. GauthierCourt of Appeals of Georgia · 2014
  4. Daniels v. StateCourt of Appeals of Georgia · 2013
  5. The State v. HoltCourt of Appeals of Georgia · 2015

6 more not listed; retrieve them via the Exa API.

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