Pahnke v. State

Andrews, Judge.

Pahnke was found guilty in a bench trial of misdemeanor theft of services. His sole enumeration of error on appeal is that the record fails to reflect he knowingly and intelligently waived the right to a jury trial. Though not raised below, this issue may be asserted for the first time on appeal. White v. State, 197 Ga. App. 162 (398 SE2d 35) (1990).

Pahnke is represented by counsel on appeal, but proceeded pro se in the trial court. At arraignment, the defendant pled not guilty and entered a written demand “retaining my right as a U. S. citizen to have a jury trial. ...” The…