Kellam v. State

SMITH, Chief Judge.

Steven Lee Kellam was convicted by a Chatham County jury of DUI and violation of the open container law. His motion for new trial was denied, and he appeals, asserting as his sole enumeration of error that the trial court had no authority to impose attendance at the Chatham County DUI court treatment program as part of his sentence. We disagree and affirm.

Kellam complains that the establishment of the Chatham County treatment program “by judicial edict is a manifest abuse of discretion” that exceeds the court’s powers. OCGA§ 42-8-35 provides: “The court shall determine the…