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Gardner v. State

Walker v. State, 258 Ga. App. 354 2002, is overruled to the extent it held that the state failed to prove venue in the City Court of Atlanta by failing to establish the county within the city of Atlanta in which the crimes were committed.

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J. C. Gardner was tried in the City Court of Atlanta for driving on the wrong side of the road, improper backing, driving without proof of insurance, fleeing and attempting to elude an officer. The trial court, sitting without a jury, found Gardner guilty on all counts, except for driving without proof of insurance. On appeal, Gardner contends that the state failed to prove venue, and that the trial court failed to determine whether he waived his right to a jury trial. We affirm his convictions. 1. Gardner urges that the state failed to prove that the charged offenses occurred in Fulton County. Because the case was tried in the City Court of Atlanta, and the state was not required to prove the county in which the crimes were committed, this enumeration is without merit.

Article VI, Section II, Paragraph VI of the 1983 Georgia Constitution provides that all criminal cases shall be tried in the county where the crime was committed. However, Article VI, Section I, Paragraph I of the Constitution provides that certain courts, including municipal courts, in existence on June 23, 1983, are not subject to the provisions of Article VI.1 The City Court of Atlanta is recognized as a non-uniform constitutionally-sanctioned city court not subject to Article VI.2

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