State v. Tweedell

Johnson, Judge.

John Allen Tweedell was charged by accusation with driving under the influence of alcohol to the extent it was less safe for him to drive. The trial court, sitting without a jury, found Tweedell guilty not of the crime charged in the accusation but of the offense of public drunkenness. The State appeals, contending that the court’s judgment is void because public drunkenness is not a lesser included offense of driving under the influence of alcohol.

OCGA § 16-1-6 provides two alternative tests for determining whether one crime is included in another as a matter of fact or as a…