Opinion
A02A1415.
DECIDED: AUGUST 16, 2002
Racing. Glynn State Court. Before Judge Douglas.
Allen Hardney, pro se. Richard H. Taylor, Solicitor-General, for appellee.
At an unreported bench trial, Allen Hardney was convicted of the misdemeanor offense of drag racing. In this pro se appeal, he claims that the evidence was insufficient to support his conviction and that his trial counsel was constitutionally ineffective. Because the absence of a transcript or a substitute therefore precludes review of these claims, we affirm.
See OCGA § 40-6-186.
A person charged with a misdemeanor bears the burden of requesting a trial transcript or constructing a trial record. Hardney did neither. His challenge to the sufficiency of the evidence is based on material attached as an exhibit to his brief. "`Exhibits contained in an appellate brief which do not appear in the record or transcript cannot be considered by this court and afford no basis for reversal.' [Cit.]" Hardney claims that counsel was ineffective because he failed to conduct a proper investigation and prepare a necessary legal defense. This claim, too, cannot be reviewed on the basis of the record before us. Moreover, Hardney's failure to avail himself of the opportunity to assert his claim of ineffective assistance by motion for new trial before appeal constitutes a procedural bar to raising it now. Judgment affirmed. ANDREWS, P.J., and MIKELL, J., concur.
Adams v. State, 234 Ga. App. 696, 697(2) ( 507 S.E.2d 538) (1998).
Stebbins v. Ga. Power Co., 252 Ga. App. 261, 262 ( 555 S.E.2d 906) (2001).
See Glover v. State, 266 Ga. 183, 184(2) ( 465 S.E.2d 659) (1996); Threlkeld v. State, 250 Ga. App. 44, 45(1) ( 550 S.E.2d 454) (2001).
DECIDED AUGUST 16, 2002.