Grisson v. State, 431 S.E.2d 468 (Ga. Ct. App. 1993). · Go Syfert
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Grisson v. State, 431 S.E.2d 468 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
6 citation events across 1 distinct court.
Strongest positive: Lundy v. State (gactapp, 1997-02-28)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Lundy v. State
Ga. Ct. App. · 1997 · confidence medium
The record does not contain a transcript of the hearing; therefore, “we must assume the ruling of the trial court is supported by the evidence.” (Citations and punctuation omitted.) Grisson v. State, 208 Ga. App. 679, 680 ( 431 SE2d 468 ) (1993).
cited Cited as authority (rule) McMillian v. Rogers
Ga. Ct. App. · 1996 · confidence medium
Studard v. Dept. of Transp., 219 Ga. App. 643, 644 (1) ( 466 SE2d 236 ) (1995); Grisson v. State, 208 Ga. App. 679, 680 ( 431 SE2d 468 ) (1993).
discussed Cited as authority (rule) Young v. State
Ga. Ct. App. · 1994 · confidence medium
Consequently, “ ‘absent a transcript, “we must assume the ruling[s] of the trial court [are] supported by the evidence.” (Cit.)’ Odum v. State, 196 Ga. App. 293 (3) ( 396 SE2d 27 ) (1990).” Grisson v. State, 208 Ga. App. 679, 680 ( 431 SE2d 468 ).
Retrieving the full opinion text from the archive…
Grisson
v.
the State
A93A0030.
Court of Appeals of Georgia.
May 24, 1993.
431 S.E.2d 468
Darryl K. Brown, for appellant., Kenneth W. Mauldin, Solicitor, for appellee.
Cooper, McMurray, Beasley.
Cited by 3 opinions  |  Published
Cooper, Judge.

Appellant was convicted of driving under the influence. In his sole enumeration of error, he argues that the trial court erred in denying his motion in limine to exclude the results of the State’s breath test because he was denied his right to an independent test of his own choosing pursuant to OCGA § 40-6-392 (a) (3).

After a hearing on the motion in limine, the trial court found that appellant was afforded the opportunity to request an independent test, that he did request such a test, and that the independent test was performed as requested. Appellant argues that the evidence at the hearing was not sufficient to support these findings. However,[*680] the hearing was not recorded. Error must be shown by the record rather than by brief, and “absent a transcript, ‘we must assume the ruling of the trial court is supported by the evidence.’ [Cit.]” Odom v. State, 196 Ga. App. 293 (3) (396 SE2d 27) (1990). Accordingly, this argument is without merit and the judgment must be affirmed.

Decided May 24, 1993. Darryl K. Brown, for appellant. Kenneth W. Mauldin, Solicitor, for appellee.

Judgment affirmed.

McMurray, P. J., and Beasley, P. J., concur.