Bradley v. The State, A99A0013 (Ct. App. Ga. June 9, 1999)

Factual and Procedural Background

In a bench trial, James Russell Bradley was convicted of driving under the influence of alcohol and failure to maintain lane. His sole enumeration of error on appeal challenged the sufficiency of the evidence, including the contention that the State failed to prove venue in Spalding County. The State's case at trial consisted only of the testimony of a state patrol officer and a videotape. Neither the officer's testimony nor the videotape identified a county. The trial judge rendered judgment for the State; the Court of Appeals reviewed the sufficiency of the evidence and the venue showing and reversed.

Legal Issues Presented

Whether the evidence adduced at trial was sufficient to support Bradley's convictions.
Whether the State proved venue — that the offenses occurred in Spalding County — as required by OCGA § 17-2-2(a).

Arguments of the Parties

Appellant's (Bradley) Arguments

Bradley contested the sufficiency of the evidence supporting his convictions.
He specifically contended that the State failed to prove venue (that the offenses occurred in Spalding County).

Appellee's (State) Arguments

The State relied on the testimony of a state patrol officer and a videotape as its entire case.
On appeal the State argued that the trial judge was familiar with the area and thus would have known that Baptist Camp Road and Manley Road are located only in Spalding County; the State suggested the judge's familiarity could supply the omitted venue proof.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Minter v. State, 258 Ga. 629 (1) (373 S.E.2d 359) (1988)	When evidence of venue does not conflict and no challenge to venue is made at trial, slight evidence suffices to prove venue.	The court cited Minter to state the general principle on the sufficiency standard for venue when unchallenged at trial, then evaluated whether the record met even that slight-evidence standard and found it lacking.
Barker v. State, 211 Ga. App. 279 (2) (438 S.E.2d 649) (1993)	Used by the court for comparison; the opinion does not state a specific rule from Barker.	The court referenced Barker for comparison but did not identify record evidence analogous to Barker that would establish venue here.
Joiner v. State, 231 Ga. App. 61 (497 S.E.2d 642) (1998)	Used by the court for comparison regarding inference from an arresting officer's status; the opinion does not state a fully detailed rule from Joiner.	The court noted that because the arresting officer was a state trooper (not a county officer) no inference as to a particular county's jurisdiction could be drawn, citing Joiner by comparison.
Hunter v. State, 191 Ga. App. 219, 220 (381 S.E.2d 525) (1989)	Used by the court for comparison; the opinion does not articulate a specific rule from Hunter beyond citation by comparison.	The court cited Hunter in the same comparative context as Joiner to support that no county inference could be drawn from a state trooper's involvement here.
Calloway v. State, 227 Ga. App. 775, 776-777 (2) (490 S.E.2d 521) (1997) (overruled on other grounds, Joiner, supra)	Establishes that a mere street address or reference to a road is insufficient to establish venue.	The court relied on Calloway to reject the sufficiency of the trooper's testimony that Bradley was weaving on specified roads without identifying the county; such street/road references did not prove venue.
Graves v. State, 269 Ga. 772, 776 (4) (a) (504 S.E.2d 679) (1998)	Addresses judicial notice of geographical facts and states that a new rule on judicial notice is to apply prospectively only; also indicates courts should not resort to judicial notice to supply lacking venue evidence on review.	The court relied on Graves to conclude judicial notice was not properly taken in the trial court (not noted on the record and parties not afforded an opportunity to be heard) and that this reviewing court could not resort to judicial notice to validate the verdict when venue proof was lacking.

Court's Reasoning and Analysis

The court began with the general rule that criminal actions must generally be tried in the county where the crime occurred (OCGA § 17-2-2(a)). It then cited Minter v. State for the proposition that when venue evidence does not conflict and venue is not challenged at trial, only slight evidence is necessary to prove venue. The court examined the State's record evidence — the testimony of a state patrol officer and a videotape — and observed that neither identified any particular county.

The court found no evidence in the record establishing that the offenses occurred in Spalding County. It rejected any inference of county jurisdiction based on the officer's status because the arresting officer was a state trooper (as opposed to a county law enforcement officer), citing Joiner and Hunter by comparison. The trooper's testimony that he observed weaving on Georgia Highway 3 and after a turn onto Baptist Camp Road was insufficient to establish venue because the trooper did not specify the county; the court cited Calloway for the proposition that mere street or road references are insufficient to prove venue.

The State argued on appeal that the trial judge's familiarity with the local area could supply the missing venue proof (because Baptist Camp Road and Manley Road allegedly lie only in Spalding County). The court rejected that reliance on judicial notice because (1) any judicial notice of such geographical facts was not taken on the record at trial and the parties were not given an opportunity to be heard, and (2) under Graves v. State the new rule on judicial notice applies prospectively and a reviewing court cannot take judicial notice to legitimize a judgment when venue evidence is lacking. Based on this analysis, the court concluded the record did not contain sufficient evidence of venue and therefore the verdict could not stand.

Holding and Implications

Judgment reversed.

Implications: The Court of Appeals reversed the trial court's judgment because the State failed to prove venue in Spalding County. The direct effect is reversal of the convictions as entered by the trial court for lack of sufficient venue proof. The opinion does not purport to announce a new rule of law beyond applying existing precedent (including the prospective-application point from Graves); it reverses on the basis that the existing record lacks the required proof of venue.

Blackburn, P.J., and Barnes, J., concurred.

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BRADLEY v. THE STATE

Judge Harold R. Banke.

In a bench trial, James Russell Bradley was convicted of driving under the influence of alcohol and failure to maintain lane. In his sole enumeration of error, Bradley contests the sufficiency of the evidence. Among other claims, Bradley contends that the State failed to prove venue. Held:

Criminal actions must generally be tried in the county where the crime occurred. OCGA § 17-2-2 (a). When the evidence of venue does not conflict and no challenge to venue is made at trial, slight evidence suffices to prove venue. Minter v. State, 258 Ga. 629 (1) ( 373 S.E.2d 359) (1988).

The State's case against Bradley consisted solely of the testimony of a state patrol officer and a videotape. But neither the officer nor the videotape mention any particular county. Although Bradley did not challenge venue at trial, we have not found nor has the State directed our attention to any evidence in the record showing that these offenses occurred in Spalding County. Compare Barker v. State, 211 Ga. App. 279 (2) ( 438 S.E.2d 649) (1993). Since the arresting officer was a state trooper and not a county law enforcement officer, no inference could be made that he was acting within the territorial jurisdiction of a particular county. Compare Joiner v. State, 231 Ga. App. 61 ( 497 S.E.2d 642) (1998); Hunter v. State, 191 Ga. App. 219, 220 ( 381 S.E.2d 525) (1989). Nor did the state trooper's testimony that he observed Bradley's vehicle weaving while northbound on Georgia Highway 3 and again after Bradley turned onto Baptist Camp Road, prove venue since the trooper did not specify the county. Calloway v. State, 227 Ga. App. 775, 776-777 (2) ( 490 S.E.2d 521) (1997) (mere street address insufficient to establish venue), overruled on other grounds, Joiner, supra.

In an attempt to save its case, the State asserts that the trial judge had familiarity with the area of the traffic stop and the roads involved. The State claims that the judge would have known that Baptist Camp Road and Manley Road are located only in Spalding County, Georgia. But judicial notice of such purported geographical facts was not noted by the court on the record and the parties were not afforded an opportunity to be heard on that issue. See Graves v. State, 269 Ga. 772, 776 (4) (a) ( 504 S.E.2d 679) (1998) (new rule on judicial notice to apply prospectively only). Nor are we, as a reviewing court, free to resort to judicial notice to legitimize a judgment. See id. at 773 (1) (when sufficient evidence of venue is lacking, the verdict cannot stand). Therefore, we reverse.

Judgment reversed. Blackburn, P.J., and Barnes, J., concur.