Clinton v. the State

Branch, Judge.

On appeal from his conviction after a bench trial for habitually impaired driving and other crimes, Courtney Clinton argues that the evidence was insufficient as to the habitually impaired driving charge because he had not received sufficient notice of his status as a habitual violator. We agree and reverse.

Where, as here, the facts at a bench trial are not in dispute, “this Court conducts a de novo review of the record in determining whether the trial court committed plain legal error.” Greene County Bd. of Commrs. v. Higdon, 277 Ga. App. 350, 350 (626 SE2d 541) (2006)…