Spencer v. State

• Decision Date: 12 December 2017
• Docket Number: A16A0118
• Citation: 344 Ga.App. 111,808 S.E.2d 918 (Mem)
• Parties: SPENCER v. The STATE.
• Court: Georgia Court of Appeals

344 Ga.App. 111

808 S.E.2d 918 (Mem)

SPENCER

v.The STATE.

A16A0118

Court of Appeals of Georgia.

December 12, 2017

Thomas James Thomas, for Appellant.

John Andrew Pipkin III, William Barney Kennedy, for Appellee.

McFADDEN, Presiding Judge.

In Spencer v. State, 337 Ga. App. 360, 787 S.E.2d 320 (2016), this court affirmed the appellant's conviction of driving under the influence of alcohol, finding in Division 1 that the trial court had not erred in allowing certain testimony from the arresting officer and in Division 2 that the trial court had not erred in giving a pattern jury instruction instead of a requested charge. The Georgia Supreme Court, in Spencer v. State, 302 Ga. 133, 805 S.E.2d 886 (2017) ), reversed the finding in Division 1 of our opinion and reversed the appellant's DUI conviction, but did not address Division 2 of our opinion. Accordingly, Division 1 of our decision in Spencer, supra at 337 Ga. App. 360–361, 787 S.E.2d 320, is hereby vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed.

Miller, P. J., and McMillian, J., concur.