Walton v. State

Birdsong, Presiding Judge.

Appellant Terry Lee Walton appeals from the order of the superior court dismissing his appeal. Appellant was convicted of DUI in probate court and appealed his conviction to the superior court. The superior court found that the record before it affirmatively shows that appellant never formally waived a trial by jury, and that in the absence of a specific written waiver of jury trial, the probate court was without jurisdiction. On February 22,1990, the superior court ordered remand of the proceedings to the probate court with direction that if upon the “recall of this…