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Parks v. State

Pro se defendant waived his claims that the trial court erred in allowing the state to amend the accusation at trial and in refusing to conduct a hearing on his motion to dismiss because he did not invoke a ruling on his motion or include a trial transcript in the record on appeal.

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James Parks was charged by accusation with two counts of public drunkenness. Parks pled not guilty and requested a jury trial. At trial, Parks proceeded pro se. The jury found him guilty on both counts and the trial court sentenced him to serve 30 days in confinement and 23 months on probation.

Parks was charged with being intoxicated and boisterous at an establishment called Shooter’s and at The Waffle House on December 21, 1999, in violation of OCGA § 16-11-41. He filed a motion to dismiss in which he asserted that he was not at either establishment on the date referenced in the accusation. At trial, the accusation was amended to change the date of the alleged offense to November 27, 1999. After sentencing, Parks filed a motion for new trial. Although no transcript of a motion for new trial hearing is included in the record, the order denying the motion indicates that a hearing was conducted.

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