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Hopkins v. State

Assuming without deciding that the prosecutor's closing argument was improper, the trial court's curative instruction cured any unfairness the argument created and adequately preserved the defendant's right to a fair trial; accordingly, the trial court did not abuse its discretion in denying the defendant's motion for mistrial.

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Following his convictions for DUI less safe alcohol, obstruction of a police officer, interference with government property, failure to stop at a stop sign, failure to register automobile, and one count of simple assault, Arkeem Hopkins appeals. Hopkins contends that the trial court erred in denying his motion for mistrial based on an improper closing argument. We disagree and affirm the conviction.

On appeal, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. Hyman v. State, 222 Ga. App. 419, 421 1 474 SE2d 243 1996. So viewed, the evidence shows that a police officer stopped Hopkins after she saw the vehicle blow through the stop sign. When she approached Hopkins’ vehicle, the officer smelled alcohol coming from his breath and the vehicle, and she noticed his eyes appeared red and glassy. The officer noticed that the registration and insurance did not appear under Hopkins’ name and asked him to get out of the vehicle. When he exited the vehicle, Hopkins seemed unsteady and disheveled and told the officer he had four drinks that evening, but could not recall the time of his last drink. Hopkins initially agreed to perform a preliminary breath test, but then said that it was too hot to breathe. Hopkins refuse any other field sobriety tests. Based on his observations, training, and experience, the officer concluded that Hopkins was a less safe driver because of alcohol impairment and read Hopkins the implied consent warning. As the officer attempted to place him in handcuffs, Hopkins attempted to evade arrest, but was eventually taken into custody and later indicted on the above charges.

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