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Garrett v. State

Court of Appeals of Georgia
Feb 10, 1999
512 S.E.2d 315 (Ga. Ct. App. 1999)

Opinion

A97A2488.

DECIDED: FEBRUARY 10, 1999.

D.U.I., etc. Troup State Court. Before Judge Little.

Patterson Patterson, Jackie G. Patterson, Yasma Patterson, for appellant.

Louis J. Kirby, Solicitor, Marls P. Chambless, Assistant Solicitor, for appellee.


Katina Garrett appeals her conviction of no proof of insurance, driving under the influence of alcohol, failure to yield the right of way, and violation of child restraint in the State Court of Troup County. This is the second appearance of this case before us. We previously held in Garrett v. State, 230 Ga. App. 97 ( 495 S.E.2d 579) (1998) that the Uniform Traffic Citation (UTC) included in the record was sufficient to establish venue beyond a reasonable doubt. After granting certiorari, the Supreme Court remanded this case for our consideration in light of Graves v. State, 269 Ga. 772 ( 504 S.E.2d 679) (1998), which held that "a Uniform Traffic Citation upon which a . . . prosecution is based . . . is not evidence and cannot provide the factual predicate necessary to establish venue."

In this case, Garrett properly challenged venue when she pled not guilty, and the State failed to introduce any evidence that venue was proper in Troup County, other than the UTC. As such, the State failed to carry its burden on the essential element of venue, and the evidence was insufficient to prove Garrett's guilt beyond a reasonable doubt.

Judgment reversed. Johnson, C.J., and Pope, P.J., concur.

DECIDED FEBRUARY 10, 1999.


Summaries of

Garrett v. State

Court of Appeals of Georgia
Feb 10, 1999
512 S.E.2d 315 (Ga. Ct. App. 1999)
Case details for

Garrett v. State

Case Details

Full title:GARRETT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 10, 1999

Citations

512 S.E.2d 315 (Ga. Ct. App. 1999)
512 S.E.2d 315

Citing Cases

Starling v. State

Id. at 774. See also Garrett v. State, 236 Ga. App. 385 ( 512 S.E.2d 315) (1999). Even viewed in a light most…