Perry v. City of Hampton

Court of Appeals of Georgia

Perry v. City of Hampton

409 S.E.2d 92, 200 Ga. App. 329, 1991 Ga. App. LEXIS 1006

CourtCourt of Appeals of Georgia

DecidedJuly 5, 1991

DocketA91A0140

StatusPublished

Cited by3 cases

This text of 409 S.E.2d 92 (Perry v. City of Hampton) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Perry v. City of Hampton, 409 S.E.2d 92, 200 Ga. App. 329, 1991 Ga. App. LEXIS 1006 (Ga. Ct. App. 1991).

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Opinion

Cooper, Judge.

We granted appellant’s discretionary appeal from a superior court order affirming his conviction in the City of Hampton Municipal Court for driving under the influence of alcohol. OCGA § 40-6-391. On appeal appellant challenges the sufficiency of the evidence and the trial court’s failure to obtain from him a written waiver of his right to a jury trial.

1. Appellant’s first enumeration of error is that the evidence was insufficient to support his conviction. It appears that the case in municipal court was transcribed; however, appellant failed to request in his notice of appeal to superior court that the transcript be included in the record. The record sent from superior court to this court contains a letter stating that there is no transcript. “In the absence of a transcript, or a record prepared from recollection or a stipulation of the case pursuant to OCGA § 5-6-41 (g, i), we cannot consider enumerations of error based on the evidence. [Cit.]” Sizemore v. State, 195 Ga. App. 548 (395 SE2d 669) (1990).

2. In his second enumeration of error, appellant contends that the municipal court lacked jurisdiction to try appellant because no written waiver of jury trial appears in the record. Appellant’s contention is controlled adversely to him by Nicholson v. State, 261 Ga. 197 (403 SE2d 42) (1991) and Kolker v. State, 200 Ga. App. 72 (406 SE2d 514) (1991). Accordingly, the judgment of the superior court is affirmed.

Judgment affirmed.

Birdsong, P. J., and Pope, J., concur.

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Cooper, Judge.

We granted appellant’s discretionary appeal from a superior court order affirming his conviction in the City of Hampton Municipal Court for driving under the influence of alcohol. OCGA § 40-6-391. On appeal appellant challenges the sufficiency of the evidence and the trial court’s failure to obtain from him a written waiver of his right to a jury trial.

1. Appellant’s first enumeration of error is that the evidence was insufficient to support his conviction. It appears that the case in municipal court was transcribed; however, appellant failed to request in his notice of appeal to superior court that the transcript be included in the record. The record sent from superior court to this court contains a letter stating that there is no transcript. “In the absence of a transcript, or a record prepared from recollection or a stipulation of the case pursuant to OCGA § 5-6-41 (g, i), we cannot consider enumerations of error based on the evidence. [Cit.]” Sizemore v. State, 195 Ga. App. 548 (395 SE2d 669) (1990).

2. In his second enumeration of error, appellant contends that the municipal court lacked jurisdiction to try appellant because no written waiver of jury trial appears in the record. Appellant’s contention is controlled adversely to him by Nicholson v. State, 261 Ga. 197 (403 SE2d 42) (1991) and Kolker v. State, 200 Ga. App. 72 (406 SE2d 514) (1991). Accordingly, the judgment of the superior court is affirmed.

Judgment affirmed.

Birdsong, P. J., and Pope, J., concur.

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409 S.E.2d 92, 200 Ga. App. 329, 1991 Ga. App. LEXIS 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-city-of-hampton-gactapp-1991.

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