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Lancaster v. State

8/17/1999

m the HGN test, to support Lancaster's conviction for driving under the influence of alcohol. Tuttle v. State, 232 Ga. App. 530, 534 (3) (502 SE2d 355) (1998). Harm as well as error must be shown for reversal. Guild v. State, 234 Ga. App. 862, 868 (7) (c) (508 SE2d 231) (1998).


4. In his remaining enumeration of error, Lancaster contends there was insufficient evidence to support his driving under the influence and open container convictions. We disagree. The circumstantial evidence, even without the results of the HGN test, amply supports his conviction for driving under the influence, as well as open container conviction. See Firsanov v. State, 270 Ga. 873 (1) ( SE2d ) (1999); Wynn v. State, 236 Ga. App. 98, 100 (2) (511 SE2d 201) (1999).


Judgment affirmed. Blackburn, P. J., and Ellington, J., concur.




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