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Sadeghy v. State

Although defendant claimed he was defending himself, the jury was free to believe victim's testimony that defendant approached him and struck him in the face when he asked defendant to step aside.

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Defendant, pro se, was convicted by a Fulton County jury of one count of simple battery1 . The state court denied his motion for new trial and he now appeals through counsel, contending that: 1 the trial court erred in denying defendant’s motion for new trial “since no record exists and statements by the trial court support the argument that a valid waiver of the right to counsel was not made in the instant case . . .,” and 2 the evidence was insufficient to support his conviction. Held:

1. There is no motion of record wherein defendant sought an order of the trial court requiring that matters not reported in the trial court be reported. OCGA § 5-6-41 d “Where matters occur which were not reported . . ., the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record.” Neither is a stipulation of pertinent portions of the record or an order of findings of fact entered by the trial judge with the record on appeal. OCGA § 5-6-41 g. “Without a transcript to review, this court must assume as a matter of law that the evidence presented at trial supported the court’s findings. Cit.” Johnson v. State, 261 Ga. 678, 679 2 409 SE2d 500; Keown v. State, 236 Ga. App. 517 512 SEd 391. Having no evidence that supports defendant’s waiver of counsel claim, we conclude that the trial court did not err in permitting defendant to represent himself at trial upon an intelligently given waiver of the right to counsel.

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