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Kendall v. State

Court of Appeals of Georgia
Sep 4, 1990
396 S.E.2d 927 (Ga. Ct. App. 1990)

Opinion

A90A1237.

DECIDED SEPTEMBER 4, 1990.

D.U.I. Upson Superior Court. Before Judge Miller.

Virgil L. Brown Associates, Virgil L. Brown, Bentley C. Adams III, for appellant.

W. Fletcher Sams, District Attorney, J. David Fowler, Assistant District Attorney, for appellee.


The appellant, Edward Kendall, was tried and convicted of driving under the influence in the Probate Court of Upson County. This appeal follows from the superior court's affirmance of the probate court.

Viewed in the light most favorable to the verdict, the evidence authorized a rational trier of fact to find Kendall guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979). However, the record contains no written waiver by Kendall of his right to be tried by a jury, as required by OCGA § 40-13-23 in order for the probate court to have jurisdiction to dispose of the case, and Kendall's conviction must therefore be reversed. Rustin v. State, 192 Ga. App. 775 (2) ( 386 S.E.2d 535) (1979). See also Snellings v. State, 194 Ga. App. 552 ( 391 S.E.2d 36) (1990).

Judgment reversed. Pope and Beasley, JJ., concur.


DECIDED SEPTEMBER 4, 1990.


Summaries of

Kendall v. State

Court of Appeals of Georgia
Sep 4, 1990
396 S.E.2d 927 (Ga. Ct. App. 1990)
Case details for

Kendall v. State

Case Details

Full title:KENDALL v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 4, 1990

Citations

396 S.E.2d 927 (Ga. Ct. App. 1990)
396 S.E.2d 927

Citing Cases

Davis v. State

Snellings v. State, 194 Ga. App. 552, 553 ( 391 S.E.2d 36) (1990). See Kendall v. State, 196 Ga. App. 760 (…