Bernard F. Lynch was charged with driving under the influence of alcohol, violating a duty after striking an unattended vehicle, and obstruction of a law enforcement officer. He was convicted on the first two charges but acquitted of obstruction. Lynch moved for a new trial and raised the issue of ineffectiveness of trial counsel. Following a hearing, the court denied the motion, and Lynch appeals. “In order to succeed on a claim of ineffective assistance, Lynch must prove both that his trial counsel’s performance was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance. Strickland v. Washington, 466 U.S. 668 104 SC 2052, 80 LE2d 674 1984.” Ventura v. State , __Ga.__ 4 Case No. S08A0074, decided June 30, 2008. On appeal “we accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.” Citations and punctuation omitted. Suggs v. State, 272 Ga. 85, 88 4 526 SE2d 347 2000.
Construed in favor of the verdict and the court’s findings, the evidence shows that at 1:00 a.m. on June 22, 2005, in a parking lot at a bar in Peachtree City, off-duty deputy Mike James of the Fayette County Sheriff’s Department saw Lynch drive his car in reverse, go over a six-inch concrete curb, strike a blue Nissan Maxima, and begin to drive away. James also heard the crash. James was able to wave Lynch to a stop and talk to him briefly, during which James smelled alcohol coming from inside the car and saw that Lynch’s eyes were “red and glassy.” James told Lynch to turn the car off and that he had struck another car, which Lynch denied. When James went to the back of Lynch’s car to get the tag number, Lynch left, “spinning tires.” Officer Smiley of the Peachtree City Police Department responded to the scene to take over the investigation. He issued a BOLO based on the tag number but did not inform dispatch that the case involved a possible DUI. At trial, James testified about damage to the Nissan, as did Smiley. With regard to Lynch’s car, James testified, “He took off so quick I never could see the damage.” No analysis was done to determine if any paint from one car transferred to another.
