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Collins v. State

Defendant did not show prejudice from his counsel's failure to object to the officer's use of the term "failed" in relation to defendant's field sobriety tests.

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A Fulton County jury found Michael Collins guilty of driving under the influence of alcohol “DUI”—less safe driver. In his sole enumeration of error, he contends that he received ineffective assistance of counsel at trial because his trial attorney failed to object to testimony from one of the arresting officers that Collins “failed” the field sobriety tests given on the scene.

Trial counsel handled Collins’ motion for new trial in the court below, so a claim of ineffective assistance of counsel was not raised therein and no evidence has been adduced on this issue. Further, the record shows that the instant appeal is the earliest practicable moment that current counsel could raise an ineffective assistance claim against trial counsel. Notwithstanding, if Collins’ claim of error can be resolved as a matter of fact or law upon the existing record, we will not remand this case.1

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