Manley v. State

Beasley, Judge.

A jury convicted Manley of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), and having a blood alcohol concentration of .12 grams of alcohol or more within three hours after being in actual physical control of a moving vehicle, former OCGA § 40-6-391 (a) (4). Both charges stemmed from the same incident. The court merged the second count into the first and sentenced only on count one (“less safe”). Manley’s motion for new trial was denied.

The sole challenge is that the trial court erred in allowing evidence of…