Cox v. State

The trial court's alleged error in allowing the narrative portion of the police report to go out with the jury was harmless where the contents of the report were consistent with defendant's trial testimony.

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Following a jury trial in the City Court of Atlanta, James Cox was found guilty of DUI —excessive BAC1 and DUI —less safe driver. He appeals, claiming trial court error in the denial of his motion to suppress, the admission of a police report, and the denial of his motion for mistrial made because of the “highly prejudicial nature” of the arresting officer’s rebuttal testimony. Finding no error in the trial court’s rulings, we affirm. Viewing the record to support the trial court’s findings,2 the evidence is that at 3:40 a.m. while on routine patrol of various closed businesses on Sheridan Road, Atlanta Police Officer R. Roach saw a minivan back into a parking space behind Showcase Photo. The Showcase Photo parking lot was gated, but the gate was open; the lot had two posted no trespassing signs. Roach testified that numerous burglaries had occurred in businesses in the area and that he felt further investigation was warranted. As the officer pulled into the parking lot to investigate, the minivan attempted to drive away. Based on the number of burglaries in the area; the early morning hour; the closed business; the posted no trespassing signs, the minivan’s unexplained presence, and the attempt to drive away as the police vehicle pulled in, the officer activated his emergency lights and stopped the minivan. Cox was driving.

Immediately upon approaching the vehicle, Officer Roach smelled a strong odor of alcoholic beverage emanating from Cox’s person. Cox told the officer that he had “had a few.” This information spurred a request by the officer for Cox to perform three field sobriety exercises. Cox agreed, and he failed to adequately perform each exercise. He was arrested for DUI and blew .126 on the intoximeter. Held :

Cox v. State

The trial court's alleged error in allowing the narrative portion of the police report to go out with the jury was harmless where the contents of the report were consistent with defendant's trial testimony.

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