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Lawskills.com Georgia Caselaw
PEEK v. THE STATE.
A98A1510.
ELLINGTON, Judge.
D.U.I. Clayton State Court. Before Judge Benefield.
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 SE2d 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 (527 SE2d 552) (2000). Accordingly, our ruling is vacated, and the judgment of the Supreme Court is made the judgment of this Court.
Keith C. Martin, Solicitor, Kimberly A. Gross, Assistant Solicitor, for appellee.
Monte K. Davis, George A. Stein, for appellant.
DECIDED MAY 3, 2000.
Thursday May 21 02:06 EDT


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