Cordy v. State
315 Ga. App. 849
Ga. Ct. App.2012Background
- Cordy was convicted by a jury of DUI less safe after driving off Fulton Industrial Parkway in Fulton County.
- The incident occurred December 5, 2010, around 8:00 p.m., with Giovan nny Aponte following the Taurus Cordy drove and reporting erratic behavior.
- Aponte observed the Taurus cross the centerline multiple times and vary speeds, prompting a police stop in Douglas County.
- Deputy Mark Matthews identified Cordy as the driver; Cordy appeared confused, moved slowly, and had to be asked for documents.
- Cordy admitted drinking two or three drinks and later acknowledged she had alcohol on her breath; she stated she thought she was in Gwinnett County.
- Cordy refused to take the state-administered chemical test, and Deputy Long administered a breath test that indicated alcohol.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Cordy argues the evidence is legally insufficient. | The State contends evidence supports DUI less safe beyond reasonable doubt. | Evidence sufficient to support DUI less safe verdict. |
| Jury instruction on chemical test refusal | Cordy contends the court erred by not giving her charge on refusal not determinative of intoxication. | Court's instruction adequately covered the issue; refusal alone not determinative. | Trial court did not err; charge given adequately covered issue. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidentiary standard for sufficiency review)
- Crusselle v. State, 303 Ga. App. 879 (Ga. App. 2010) (refusal to give a requested charge must be correct in law and pertinent)
- Bierria v. State, 232 Ga. App. 622 (Ga. App. 1998) (precedent on charge standards and related issues)
- McKinney v. State, 121 Ga. App. 815 (Ga. App. 1970) (refusal to give a requested charge error scope)
- Walker v. State, 282 Ga. 406 (Ga. 2007) (correct scope of law in jury instruction content)