Hancock v. State

Full title: HANCOCK v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 19, 2000

534 S.E.2d 870 (Ga. Ct. App. 2000)

534 S.E.2d 870

Opinion

A00A0642.

DECIDED: MAY 19, 2000.

Criminal trespass, etc. Floyd Superior Court. Before Judge Walther.

Kenneth A. Hancock, pro se.

Tambra P. Colston, District Attorney, for appellee.

MILLER, Judge.

Kenneth Hancock was tried by a jury for the offenses of criminal trespass (two counts) and battery. He was acquitted of criminal trespass (unauthorized remaining upon land) and battery, but was convicted of criminal trespass (unauthorized entry upon land). For this misdemeanor offense, Hancock was sentenced to 12 months probation. He appeals on the ground that the court failed to consider certain conflicting evidence at trial.

Hancock failed to have the misdemeanor trial transcribed and failed to construct a record of the trial, which was his obligation if he desired to show he preserved his objections at trial.¹ "It cannot be presumed from a silent or non-existent transcript of a hearing below that a proper objection was interposed, and hence we must conclude that these enumerations are waived."² As nothing in the pre-trial filings reflects an objection by Hancock or a ruling by the court on this matter, Hancock is precluded from raising the evidentiary issue on appeal.³ Judgment affirmed. Pope, P.J., and Smith, P.J., concur.

1 Holder v. State, 239 Ga. App. 821 ( 522 S.E.2d 59) (1999); see also Ward v. State, 188 Ga. App. 372, 374 (3) ( 373 S.E.2d 65) (1988).

2 Holder, supra, 239 Ga. App. at 821 (citations and punctuation omitted), applying Boles v. State, 270 Ga. 454, 455 (1) ( 511 S.E.2d 177) (1999).

3 Holder, supra, 239 Ga. App. at 821.

MILLER, Judge.

DECIDED MAY 19, 2000