Steve Cannon Buggay, Jr. was found guilty of misdemeanor fleeing or attempting to elude a police officer, driving under the influence of alcohol, felony habitual violator, no proof of insurance, and felony fleeing or attempting to elude to avoid arrest while a felony habitual violator. For sentencing purposes, the trial court merged the misdemeanor and felony convictions for fleeing or attempting to elude. In this pro se appeal, Buggay’s primary contention is that the trial court erred in merging his convictions and in imposing sentence. On appeal, the evidence must be viewed in a light most favorable to the verdict and Buggay no longer enjoys the presumption of innocence. Preacher v. State , 258 Ga. App. 258 573 SE2d 498 2002. So considered, the evidence established that on May 27, 1997, while in jail, Buggay was personally served with official notice of a five-year revocation of his license.1 During the period Buggay’s license was revoked, a cashier at a Texaco convenience store contacted police on December 29, 1998, to report that the driver of a white utility van, later determined to be Buggay, left without paying for his gasoline. After calling police, the cashier followed Buggay to a nearby Chevron station. After the cashier confronted Buggay about paying for the gasoline, Buggay drove off. While in route to the Texaco incident, Officer Richard Alicea heard a radio report of a disturbance at the Chevron and drove there in his marked patrol vehicle. The cashier rushed over to him, saying “that’s the guy that stole my gas.” Alicea testified “at that point, I observed the van take off, turn his lights off.” After seeing the van violate a red traffic signal while having its lights off, Alicea decided to follow. According to Alicea, Buggay was driving “at a high rate of speed in a reckless manner.” Despite Alicea’s use of his unit’s siren and flashing lights, Buggay continued driving. After additional officers converged, Buggay eased his van to a gradual stop then suddenly sped away. When Buggay drove in excess of 100 mph in heavy traffic, Alicea slowed down, hoping Buggay would do likewise. As the traffic congestion lessened, Alicea was able to close the gap and saw Buggay disregard yet another red light. When Buggay tried to negotiate the turn onto the entrance ramp to I-675 while driving at an estimated 95 to 100 mph, he lost control of his van and crashed into a ditch along a tree line. After Buggay fled on foot, crossing all lanes of I-675, Officer Roger Pike managed to grab him. Pike testified that “as I was placing the subject under arrest, I smelled a strong odor of alcohol coming from his person and breath.” Pike recalled that after Buggay was in custody, he “could barely stand up on his own” and “kept falling back down on the ground.”
Alicea, who took Buggay to a hospital, described Buggay as having a “tremendous odor of alcoholic beverage on him” and being “very combative.” Alicea advised Buggay of his implied consent rights and asked him to submit to a blood test, but Buggay refused to be tested. Buggay could not produce proof of insurance or a valid license. The jury convicted Buggay of all charges except the theft count.
