Mellecia Spencer v. State

THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules

December 12, 2017

In the Court of Appeals of Georgia A16A0118. SPENCER v. THE STATE.

McFADDEN, Presiding Judge. In Spencer v. State, 337 Ga. App. 360 (787 SE2d 360) (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, ____ Ga. ____ (Case No. S16G1751, decided October 2, 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, 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. 2