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Yount v. State5/9/2001
ial because of the otiose juror.
Yount moved for a mistrial at the close of the state's case, after the defense rested, and during the charge to the jury because some of the jurors were asleep. In each instance, however, he failed to bring the sleeping jurors to the trial court's attention when he observed them. Despite his failure to object contemporaneously, however, the court re- charged the jury after Yount's third motion for a mistrial.
"The granting of a motion for a mistrial is within the discretion of the trial court, and the trial court's ruling will not be disturbed when the trial court has taken remedial measures sufficient to ensure a fair trial." We find that the trial court did not abuse its discretion in this case. Further, though not required to do so due to the untimeliness of Yount's objections, the trial court's decision to re-charge the jury was more than sufficient to ensure a fair trial.
3. Finally, Yount argues that his breath test results should have been excluded because the test cards were not attached to the original inspection certificates. OCGA § 40-6-392 (f) sets forth the requirements for the inspection certificate of an approved breath testing instrument. The inspection certificates admitted as evidence in this case satisfy the requirements of the statute. There is no requirement that the state attach the test cards to the inspection certificate. Accordingly, this enumeration is without merit.
Judgment affirmed.
Blackburn, C. J., and Pope, P. J., concur.
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