' Turner v. State, 210 Ga. App. 328, 329-330 (3) ( 436 S.E.2d 66) (1993)." Kennedy v. State, 217 Ga. App. 18, 19 (2) ( 456 S.E.2d 288). The record in this case shows that new counsel filed a notice of appeal within 30 days of the entry of judgment; no motion for new trial was filed.
Kennedy v. State, overruled on other grounds, Clay v. State.Kennedy v. State, 217 Ga. App. 18 (1) ( 456 S.E.2d 288) (1995).Clay v. State, 232 Ga. App. 541, 542-543 ( 502 S.E.2d 267) (1998).
See Glover, supra; compare Russell v. State, 267 Ga. 865, 868 (4) ( 485 S.E.2d 717) (1997) (where appellate counsel was not appointed until after the filing of the notice of appeal). 217 Ga. App. 18, 19 (2) ( 456 S.E.2d 288) (1995).Judgment affirmed.
Colloquy among counsel and the court, although included in the record, is not sufficient to make a proper record of facts before this court for purposes of satisfying appellant's burden. Kennedy v. State, 217 Ga. App. 18, 19 ( 456 S.E.2d 288) (1995); Shaw v. State, 201 Ga. App. 438, 440 (1) ( 411 S.E.2d 534) (1991). Banks has not availed himself of the opportunity to complete the record under the provisions of OCGA ยง 5-6-41 (f) and, when this is not done, there is nothing for the appellate court to review.
(b) The alleged ineffectiveness occurred after the trial court ruled on appellant's motion for new trial; thus the issue is raised here for the first time. Generally, when this issue is raised for the first time on appeal, the case is remanded to the trial court for hearing on the issue. Kennedy v. State, 217 Ga. App. 18, 19 (2) ( 456 S.E.2d 288). However, in this case a remand on this issue is not only barred but is also inappropriate on substantive grounds.
" (Citations and punctuation omitted.) Kennedy v. State, 217 Ga. App. 18 ( 456 S.E.2d 288) (1995). We cannot say that the trial court abused its discretion, especially considering the timing of the lunch recess which would have provided counsel with the opportunity to write the required motion.
The ineffectiveness claim is raised by appellate counsel who had no participation in the case until after the filing of the notice of appeal (which was done by defendant pro se). We, therefore, remand the case for a hearing by the trial court to consider the claim of ineffective assistance of trial counsel. Kennedy v. State, 217 Ga. App. 18, 19 (2) ( 456 S.E.2d 288); Phillips v. State, 215 Ga. App. 526, 528 ( 451 S.E.2d 517). Judgment affirmed and case remanded with direction. Andrews and Blackburn, JJ., concur.