Malak v. State

Sognier, Judge.

Appellant was convicted in a bench trial of misdemeanor theft by taking, and he appeals pro se. Appellant enumerates error on the general grounds, denial of his motion to sever, and denial of his right to trial by jury. However, he specified that no transcript be included in the record on appeal. Further, there is nothing in the record itself indicating that appellant filed a motion to sever, and nothing to indicate whether appellant did or did not waive trial by jury.

1. The State’s motion to dismiss the appeal is denied.

2. In the absence of a transcript, we cannot consider…