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Christian v. State

The trial court erred in permitting the State to introduce into evidence certain documents without first laying the proper foundation.

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Following a bench trial, Billy Wayne Christian was convicted in probate court of driving under the influence and violating conditions of limited driving. He appealed to the superior court, and his convictions were affirmed. Now, on appeal to this Court, Christian contends that the probate court erred in denying his motion to suppress the State’s evidence and in admitting Georgia Crime Information Center “GCIC” printouts when the State failed to lay a proper foundation for same. For the reasons noted infra, we affirm in part and reverse in part.

Viewed in the light most favorable to the guilty verdict,1 the record reflects that at 8:26 a.m. on July 27, 2010, a law-enforcement officer with the Whitfield County Sheriff’s Office observed Christian’s pickup truck “gripping” the pavement while making a distinct scratching sound. The officer also noticed that the truck bore a Tennessee license plate, which, in light of the erratic driving, further raised his suspicions about the vehicle being in this particular subdivision that early in the morning. Accordingly, the officer relayed the tag information to dispatch and was informed that the tag returned as “not on file.” The officer then stopped the truck to investigate further.

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