lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
ROCCO v. THE STATE.
A89A0259.
BENHAM, Judge.
D.U.I. DeKalb State Court. Before Judge Robins.
All three of the enumerations of error in this appeal from a conviction for driving under the influence of alcohol involve the State's use of a previous conviction entered on a nolo contendere plea. We reverse.
The State seeks to justify the use of the nolo contendere plea because it was offered for the purpose of impeachment. Even assuming that appellant's present tense statement, "I don't drive drunk," would be contradicted by evidence that appellant had driven drunk in the past, the nolo contendere plea was not admissible for impeachment.
OCGA 17-7-95 (c) "expressly prohibits the use of a nolo contendere plea against a defendant in any court proceeding as 'an admission of guilt or otherwise or for any other purpose.' This case does not fit the previous exceptions provided by law. While we have permitted the admission of such a plea in a civil case for impeachment purposes [cit.], we have not done so in a criminal case. . . . As in Beal v. Braunecker, 185 Ga. App. 429, 432 (2) (364 SE2d 308) (1987), we are not persuaded 'that we should ignore the plain language' of the code." Corbitt v. State, 190 Ga. App. 509 (1) (379 SE2d 535) (1989). Appellant is entitled to a new trial because of the admission of the nolo contendere plea. Id.
Ralph T. Bowden, Jr., Solicitor, N. Jackson Cotney, Jr., R. Andrew Fernandez, Assistant Solicitors, for appellee.
Daniel L. Dean, Fred J. Stokes, for appellant.
DECIDED MAY 11, 1989 -- REHEARING DENIED MAY 24, 1989 -- CERT. APPLIED FOR.
Wednesday October 15 21:30 CDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com