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Holman v. State

The Court of Appeals sua sponte vacated its prior opinion and reinstate the case to address the defendant's enumerations of error on the merits.

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Following a trial by jury, Ulysses Holman was convicted of driving under the influence to the extent that he was less-safe to drive DUI less safe and serious injury by vehicle. On appeal from these convictions, Holman contends that 1 the evidence is insufficient to sustain his convictions, 2 the trial court erred by giving certain instructions to the jury, and 3 he received ineffective assistance of counsel when his attorney failed to object to improper opinion testimony. For the reasons set forth infra, we affirm.

1. At the outset, before addressing the facts of this case or Holman’s enumerations of error, we note that this Court previously issued an opinion in this appeal on September 9, 2014 which has since been recalled and vacated, in which we also affirmed Holman’s convictions, albeit for a different reason. In that original opinion, we based our decision on the fact that in his notice of appeal, Holman did not request that a trial transcript be included as part of the appellate record. And because no transcript was requested, we believed that a transcript had not been transmitted to this Court for our review.

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