STATE v. LICATA (2019)

Court of Appeals of Georgia.

The STATE v. LICATA.

A17A1200

Decided: November 18, 2019

William A. Finch, Solicitor-General, Adam E. Keller, Assistant Solicitor- General, for appellant. W. Scott Smith, Matthew K. Winchester, for appellee.

In Licata v. State, 305 Ga. 498, 826 S.E.2d 94 (2019), the Supreme Court of Georgia affirmed in part and vacated in part the judgment of this court in State v. Licata, 343 Ga. App. 874, 806 S.E.2d 292 (2017), and remanded the case for further proceedings. Accordingly, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. We affirm the state court's ruling suppressing evidence of Licata's refusal to take a breath test, given our Supreme Court's ruling in Elliott v. State, 305 Ga. 179, 824 S.E.2d 265 (2019), that a defendant's refusal to submit to a breath test may not be admitted into evidence at a criminal trial. Id. at 223 (IV) (E), 824 S.E.2d 265. We reverse the superior court's ruling suppressing Licata's field sobriety tests.

Judgment affirmed in part and reversed in part.

McFadden, Chief Judge.

Gobeil and Coomer, JJ., concur.