In the Interest of R.C., a Child

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 01, 2022

The Court of Appeals hereby passes the following order:

A22A0678. IN THE INTEREST OF R. C., A CHILD.

In the above-styled appeal, the appellant in this delinquency case stated in his

notice of appeal that “the transcripts of evidence and trial proceedings that have been

filed are to be included in the record on appeal, including the transcript of the July 29,

2021, Motion for New Trial hearing.” But while that transcript has been included in

the appellate record, no transcript of his trial has been transmitted to this Court. And

in his brief, the appellant explained that the trial in this case was not transcribed.

Instead, the trial court transmitted only an audio recording of the trial to be included

in the appellate record. Because the trial proceedings are material to the claims of

error the appellant raises on appeal, we cannot conduct a meaningful review of those

alleged errors without the accuracy of an undisputed written transcript. See OCGA

§ 5-6-41 (a) (“In all felony cases, the transcript of evidence and proceedings shall be

reported and prepared by a court reporter as provided in Code Section 17-8-5 or as

otherwise provided by law.”).1

1 The appellant was found delinquent on four counts of aggravated assault. Under these circumstances, we must REMAND this case to the trial court for

preparation of a transcript of the trial proceedings. See In the Interest of T. E. D., 166

Ga. App. 322, 322 (303 SE2d 777) (1983) (holding that when the parties agreed that

a hearing was held on a delinquency petition and the transcript of the hearing was

material to the appeal, there is cause to remand the case to the trial court for

preparation of a transcript of the proceedings).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/01/2022 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.