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Christian v. State

The defendant had a probationary driver's license when he collided with another vehicle in a parking lot..

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A jury found Matthew Ian Christian guilty of driving without a valid license after being declared a habitual violator and driving under the influence of alcohol to the extent it was less safe for him to drive “DUI less safe”.1 Christian appeals, claiming that the trial court erred in denying his motion for a directed verdict as to the habitual violator count and that he received ineffective assistance of counsel. We agree that the trial court erred in denying Christian’s motion for a directed verdict but disagree as to his claim of ineffective assistance. As a result, we reverse his conviction for driving without a license in violation of the habitual violator statute and affirm his conviction for DUI less safe. 1. The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction.2 On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.3 Moreover, we do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.4

So viewed, the evidence showed that at approximately 2:30 a.m. on November 9, 2004, Christian was driving his car in the parking lot of an Athens apartment complex. Christian was following the vehicle in front of him so closely that the occupants of that vehicle could not see his headlights, and as that vehicle attempted to pull into a parking space, Christian’s car collided with it.

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