Opinion
A92A1955.
DECIDED SEPTEMBER 29, 1992.
Speeding. DeKalb State Court. Before Judge McLaughlin.
Douglas R. Daum, for appellant.
Ralph T. Bowden, Jr., Solicitor, Cassandra J. Cook, R. Javoyne Hill, W. Cliff Howard, Assistant Solicitors, for appellee.
Defendant Hageman appeals his conviction of the offense of speeding. Held:
Each of defendant's three enumerations of error contend the trial court erred in admitting certain evidence at trial. However, defendant has failed to comply with OCGA § 5-6-37 by stating in the notice of appeal whether any transcript of evidence is to be transmitted to this Court as part of the record on appeal and there is no transcript of the trial included in the record on appeal. "`In the absence of a transcript, we cannot consider enumerations of error concerning the evidence or proceedings at trial. Dean v. State, 188 Ga. App. 128 ( 372 S.E.2d 286) (1988).' Hasty v. State, 195 Ga. App. 427 ( 394 S.E.2d 800)." Williams v. State, 200 Ga. App. 84, 85 (1) ( 406 S.E.2d 498). "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. Dean v. State, 188 Ga. App. 128 ( 372 S.E.2d 286) (1988)." Sizemore v. State, 195 Ga. App. 548 ( 395 S.E.2d 669). See also Powell v. State, 198 Ga. App. 509, 512 (2) ( 402 S.E.2d 108), and Sheriff v. State, 184 Ga. App. 180 ( 361 S.E.2d 53). Since defendant's enumerations can be reviewed only by reference to a transcript, the absence of a transcript requires that we assume that the trial court's rulings on the admission of evidence were correct.
Judgment affirmed. Sognier, C. J., and Cooper, J., concur.