Walton v. State

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 and that the superior court should have decided anew whether or not the defendant had formally waived a jury trial and should have…