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McArthur v. State12/2/2005
2. McArthur also contends that the trial court erred when it charged the jury on expert testimony. Again, we disagree.
The decision to give a jury charge on expert opinion is a matter for the sole discretion of the trial judge, whether the witness is tendered as an expert or not. Werner v. State, 246 Ga. App. 677, 680 (3) (538 SE2d 168) (2000); Lindley v. State, 225 Ga. App. 338, 340-341 (1) (484 SE2d 33) (1997).
Here, although none of the State's witnesses were tendered as experts, the officer administering the Intoxilyzer 5000 test was certified with the GBI's Division of Forensic Services, as was shown at trial. Thus the trial court did not abuse its discretion when it charged the jury on expert opinion. Werner, supra, 246 Ga. App. at 680 (3) (approving jury charge on expert testimony even when State did not tender police officer administering sobriety tests as an expert).
Judgment affirmed. Blackburn, P. J., and Bernes, J., concur.
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