Turner v. State

Birdsong, Presiding Judge.

On appeal from his rape and aggravated sodomy convictions, Eric Turner claims the destruction of a portion of his trial transcript requires a new trial. He also contends the evidence presented was insufficient to support his convictions. Held:

1. As Turner contends, OCGA § 17-8-5 requires that testimony in felony cases be transcribed. Because a flood destroyed the court reporter’s notes of the testimony of two witnesses, Turner argues *349that the partial absence of the trial transcript effectively deprives him of the right to appeal and requires a new trial. See Wade v.…