Nicholson v. State

Weltner, Justice.

Nicholson was convicted in probate court of driving under the influence of alcohol. The conviction was affirmed on appeal to the superior court pursuant to OCGA § 40-13-28. In his appeal to the Court of Appeals, he contended that the probate court was without jurisdiction to dispose of the offense because the record contains no written waiver of trial by jury as required by OCGA § 40-13-23. In an unreported decision, the Court of Appeals affirmed the conviction, holding that the issue of waiver was not preserved for review.

We granted certiorari to determine whether the…