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169 Ga. App. 935

315 S.E.2d 674

Prince v. State.

Court of Appeals of Georgia

Decided February 23, 1984

Court of Appeals of Georgia · decided 1984-02-23

Relies on 148 Ga. App. 59 - Curry v. State

Decided 1984-02-23

Sognier, Judge.

¶1Appellant was convicted at a bench trial in the State Court of Fulton County of theft by taking three electrical switches of a value of $30, and criminal trespass. He appeals pro se, enumerating errors based on the evidence and procedures followed at trial.

¶2There is no transcript of the trial in this case, and we cannot consider enumerations of error based on evidence presented at trial and the procedures followed at trial absent a transcript. Curry v. State, 148 Ga. App. 59 (251 SE2d 86) (1978). However, we have examined the record and find that contrary to appellant’s assertion that he asked for a trial by jury, he specifically waived his right to a jury trial. Further, appellant was charged with two misdemeanors, one involving property of a value of $30, and the second not dependent upon value. OCGA §§ 16-8-12 (Code Ann. § 26-1812), 16-7-21(c) (Code Ann. § 26-1503). Thus, it was proper to try him in the State Court of Fulton County, which has jurisdiction over misdemeanor cases but does not have jurisdiction over felony cases. OCGA § 15-7-7 (Code Ann. § 24-2106a). Accordingly, these enumerations of error are without merit.

¶3Judgment affirmed.

Quillian, P. J., and Pope, J., concur.
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