Clark v. State

Full title: CLARK v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 7, 1999

523 S.E.2d 388 (Ga. Ct. App. 1999)

523 S.E.2d 388

Opinion

A99A1177.

DECIDED: OCTOBER 7, 1999.

County ordinance violation. Cherokee State Court. Before Judge Gober.

James D. Rogers, Kris K. Skaar, for appellant.

G. Channing Ruskell, Solicitor,, for appellee.

MILLER, Judge.

Graham Clark was convicted of violating a Cherokee County ordinance that required him to control soil erosion on his property. He appeals, contending that the county ordinance was not properly proven.

Because this court can not take judicial notice of a county ordinance, the State must introduce the ordinance into evidence, normally by certified copy.¹ But Clark did not include a transcript of the trial in the appellate record so we could determine whether the ordinance was properly admitted into evidence. The burden is on the appellant to show the alleged error by the record and "where the proof necessary for determination of the issues on appeal is omitted from the record, an appellate court must assume that the judgment below was correct and affirm."²

1 Poole v. State, 229 Ga. App. 406, 409 (2) ( 494 S.E.2d 251) (1997); see Owens v. State, 153 Ga. App. 525, 526 (1) ( 265 S.E.2d 856) (1980) (physical precedent only).

2 Regency Executive Plaza Unit Owner's Assoc. v. Wilmock, Inc., 237 Ga. App. 193, 194 ( 514 S.E.2d 446) (1999) (citations and punctuation omitted); see Brown v. Frachiseur, 247 Ga. 463, 464 ( 277 S.E.2d 16) (1981).

Because Clark omitted the trial transcript from the record, we are unable to consider the merits of his claim and must affirm.

Judgment affirmed. Pope, P.J., and Eldridge, J., concur.

MILLER, Judge.

DECIDED OCTOBER 7, 1999.