Peek v. State

Full title: PEEK v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 3, 2000

534 S.E.2d 198 (Ga. Ct. App. 2000)

534 S.E.2d 198

Opinion

A98A1510.

DECIDED: MAY 3, 2000

D.U.I. Clayton State Court. Before Judge Benefield.

Monte K. Davis, George A. Stein, for appellant.

Keith C. Martin, Solicitor, Kimberly A. Gross, Assistant Solicitor, for appellee.

ELLINGTON, Judge.

Christopher E. Peek was convicted of driving under the influence of alcohol, OCGA § 40-6-391 (a). Peek appealed to this court, and we affirmed his conviction in Peek v. State, 235 Ga. App. 693 ( 509 S.E.2d 358) (1998).

The Supreme Court granted certiorari and reversed our finding that the State had satisfied its burden under OCGA § 40-6-392 of proving that the person who drew Peek's blood for the state-administered blood alcohol test was qualified to do so by introducing the phlebotomist's "employee education cumulative report." Peek v. State, 272 Ga. 169 (Case No. S98G0592, decided March 6, 2000). Accordingly, our ruling is vacated and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed. Pope, P.J., and Ruffin, J., concur.

ELLINGTON, Judge.

DECIDED MAY 3, 2000