Johnson v. State

The trial court did not abuse its discretion in accepting the defendant's waiver of transcription of his bench trial for a misdemeanor offense.

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Following a bench trial, Maurice Antoine Johnson was convicted of the misdemeanor offense of making a false report of a crime, OCGA § 16-10-25. The trial was neither taken down nor transcribed by the court reporter. In his sole enumeration of error, Johnson contends that the trial court erred by failing to have a transcript made of the trial, instead accepting Johnson’s waiver of the takedown. We find that the trial court did not abuse its discretion in accepting Johnson’s waiver and affirm. The record shows that Johnson was represented by appointed counsel. The record also includes a one-page transcript of Johnson’s waiver of takedown. The transcript shows that the trial court inquired of Johnson’s trial counsel whether he wished to have the proceedings recorded and that trial counsel answered: “No, Your Honor. It does not need to be recorded.” Johnson’s trial counsel was permitted to withdraw after the trial. On appeal, Johnson, through new counsel appointed for appeal, argues that his waiver of takedown and transcription was neither knowing nor voluntary. We do not agree.

Relying on Green v. State, 279 Ga. 687 620 SE2d 788 2005, Hamilton v. State , 233 Ga. App. 463 504 SE2d 236 1998, and Jones v. State , 276 Ga. App. 762 624 SE2d 291 2005, Johnson contends that the transcription of his decline of the takedown and the signed waiver, without more, are insufficient to show that he waived takedown knowing the ramifications of that decision. But the cases cited by Johnson are distinguishable in significant aspects. The rulings in Hamilton and Jones involve waiver of the right to counsel, and the ruling in Green addresses waiver of the right to trial by jury on a guilty plea. A trial court must ensure that a defendant waives those constitutionally guaranteed rights in a manner that is knowing and voluntary. When a defendant challenges that waiver, the State has the burden of showing that the defendant did so. See Balbosa v. State , 275 Ga. 574, 575 1 571 SE2d 368 2002.

Johnson v. State

The trial court did not abuse its discretion in accepting the defendant's waiver of transcription of his bench trial for a misdemeanor offense.

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