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Taylor v. State

The trial court properly refused to grant the defendant's motion for a mistrial after the State's comment about a co-defendant's testimony, since the State's comment did not address the other evidence supporting the defendant's convictions and the trial court immediately admonished the State regarding the comment.

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Following a jury trial, Jeffrey Taylor was found guilty and convicted of obstructing an officer OCGA § 16-10-24 a and DUI-less safe OCGA § 40-6-391 a 1. Taylor appeals from the denial of his motion for new trial,1 contending that 1 the evidence was insufficient to support his convictions; 2 the trial court erred in not considering his untimely motion to suppress; and 3 the trial court erred in not granting a mistrial after the State improperly commented on the evidence. Discerning no error, we affirm.

Viewed in the light most favorable to the jury’s verdict,2 the evidence shows that on the evening of July 31, 2010, police officers set up a check point in Douglas County to check for DUI, driver’s license and insurance. The checkpoint was located at the intersection of Rose Avenue and Highway 5 near the new Bright Star Extension, which had not yet opened. There were at least eight to ten officers in marked patrol cars with blue lights at the checkpoint; all of the officers were in uniform and had flashlights; and the officers stopped every vehicle that came up to the checkpoint.

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