Masood v. State
313 Ga. App. 549
Ga. Ct. App.2012Background
- Masood was convicted of DUI less-safe and acquitted of failing to maintain lane after a jury trial.
- Masood appeals the denial of a motion for judgment notwithstanding the verdict (JNOV) as to a fatal variance between the State’s accusation and the conviction theory.
- On June 25, 2010, Doraville Police observed Masood’s vehicle committing multiple moving violations and initiated a traffic stop.
- Officer detected odor of alcohol, red/watery eyes, and Masood admitted drinking one beer; Masood stepped outside for evaluation.
- Two field-sobriety tests indicated impairment; HGN and walk-and-turn showed clues; Masood had knee injury affecting testing; portable alco-sensor tested positive; Masood later increased his beer count and refused the state-administered test.
- The jury convicted DUI less-safe and acquitted failure-to-maintain-lane; Georgia law does not provide a JNOV remedy in criminal cases; inconsistent-verdict rule is abolished; evidence supported the DUI less-safe conviction; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JNOV/variance salvageable after inconsistent verdicts | Masood argues fatal variance between accusation and conviction. | Masood argues JNOV; cites inconsistency rule. | No fatal variance; JNOV not available; inconsistent-verdict rule abolished; evidence supports DUI less-safe. |
Key Cases Cited
- Stone v. State, 248 Ga. App. 190 (2000) (sufficiency of evidence for DUI less-safe)
- Mullady v. State, 270 Ga. App. 444 (2004) (inconsistent-verdict rule abolished)
- Renkiewicz v. State, 283 Ga. App. 692 (2007) (supports that inconsistent verdicts do not defeat a guilty verdict)
- Day v. State, 242 Ga. App. 781 (2000) (abolition of inconsistent-verdict rule; remains about sufficiency)
- Wilson v. State, 215 Ga. 775 (1960) (no statutory basis for JNOV in criminal cases)