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Lewis v. State

Given the evidence of defendant's intoxication, he could not show that he was prejudiced by his counsel's failure to require the state to lay a proper foundation for admission of the Alcosensor results.

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Melvin Allen Lewis appeals from the judgment entered after a jury found him guilty of driving under the influence to the extent that it was less safe for him to drive and having an open container in his car. The sole issue before us on appeal is whether trial counsel was ineffective for failing to require the State to lay a proper foundation before admitting evidence of the Alcosensor results. We conclude that trial counsel was not ineffective because Lewis failed to show how the alleged improper foundation prejudiced his defense.

At trial, the State initially tried to introduce the results of the Alcosensor test without laying any foundation. Defense counsel objected and the prosecutor then asked the officer who administered the test if the Alcosensor he used was approved by the Georgia Bureau of Investigation. The officer replied that it was and the prosecutor continued with questions about the administration and results of the test. Defense counsel did not object further.

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