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Schoolfield v. State

The trial court should have merged defendant's per se DUI conviction with his conviction for DUI-less safe driver or indicated to which count defendant's sentence applied.

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A Clayton County jury convicted defendant Loyd C. Schoolfield of one count of driving under the influence to the extent it was less safe for him to drive1 Count 1 and one count of driving a moving vehicle while his alcohol concentration was more than 0.10 grams Count 2, a per se violation.2 He was sentenced to confinement for 12 months, to serve two days, and the remainder probated; a $600 fine; and 80 hours community service. On appeal, the defendant contends the state court erred in denying his motion for new trial as amended, challenging the testimony of the arresting officer as going to the ultimate issue, the state’s similar transaction evidence, and the sufficiency of the evidence. Finding defendant’s claims of error to be without merit, we affirm.

Viewed in the light most favorable to the verdict, Green v. State, 244 Ga. App. 565 1 536 SE2d 240 2000, the evidence shows that at 10:30 p.m. on September 9, 1999, Officer John P. Crolle was dispatched to a Clayton County gas station upon a report of a suspicious vehicle in its parking lot. There, Officer Crolle found the defendant “passed out or asleep” behind the wheel of a parked vehicle outside the gas station. Officer Crolle testified that the vehicle was running; that the vehicle smelled of vomit and alcohol; that the defendant had vomit in his hair and on his clothing, was disheveled, and had urinated on himself; and that the defendant told him that he had been sick when asked for an explanation as to why he had stopped the vehicle as he had. The defendant tested poorly on the field sobriety tests that Officer Crolle administered on the scene, inclusive of an alco-sensor test confirming the presence of alcohol in the defendant’s system.3 On this, Officer Crolle took the defendant into custody.

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