534 S.E.2d 867 | Ga. Ct. App. | 2000
A jury found Gene Hewett, Jr. guilty under Count 1 of driving under the influence to the extent it was less safe for him to drive
Where two DUI charges are based on the same conduct, the evidence will not support convictions of two separate offenses.
The question then becomes what the remedy should be. Though some prior decisions have remanded the case for resentencing on only one count of the DUI offense,
Judgment affirmed as to Count 1. Judgment vacated as to Count 2.
OCGA § 40-6-391 (a) (1).
OCGA § 40-6-391 (a) (5).
Sanders v. State, 176 Ga. App. 869, 870 (4) (338 SE2d 5) (1985).
Id. at 871.
See Bache v. State, 208 Ga. App. 591, 593 (431 SE2d 412) (1993); Mattarochia v. State, 200 Ga. App. 681, 686 (7) (409 SE2d 546) (1991); Sanders, supra.
Hoffman v. State, 208 Ga. App. 574, 576 (2) (430 SE2d 886) (1993); see Page v. State, 202 Ga. App. 828, 830-831 (4) (415 SE2d 487) (1992).
See Hoffman, supra; Page, supra; Fudge v. State, 184 Ga. App. 590, 592-593 (6) (362 SE2d 147) (1987) (physical precedent only); cf. Ellerbee v. State, 215 Ga. App. 102, 103 (1) (449 SE2d 874) (1994).