Supreme Court of Georgia
State v. Herrera-Bustamante.
August 20, 2018818 S.E.2d 552
Summary
The court reversed the order granting Herrera-Bustamante a new trial because he did not object at trial to the admission of evidence that he refused a breathalyzer test and therefore was not entitled to ordinary appellate review. Although the evidentiary issue could be reviewed for plain error, the asserted constitutional rule would require extending existing precedent, so the error was not clear under current law. The case was remanded for the trial court to consider the remaining grounds for a new trial.