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WALTON v. STATE

No. S91G0170.

405 S.E.2d 29 (1991)

261 Ga. 392

WALTON v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied July 3, 1991.

Attorney(s) appearing for the Case

Bentley C. Adams, III, Virgil L. Brown and Eric D. Hearn, Virgil L. Brown & Associates, Zebulton, for Walton.

W. Fletcher Sams, Dist. Atty. and Randall K. Coggin, Asst. Dist. Atty., Griffin Judicial Circuit, Thomaston, for the State.

William T. McBroom, Asst. Dist. Atty., Griffin, atty. register.

HUNT, Justice.

Terry Lee Walton was convicted in probate court in Upson County of driving under the influence of alcohol. He appealed to the superior court under the provisions of OCGA § 40-13-28. That court, finding that no written waiver of a jury trial appeared in the record of the probate court, remanded the case to the probate court for a determination of the waiver issue. Walton appealed that order to the Court of Appeals, which held that remand was error...

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