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Caputo v. State

Court of Appeals of Georgia
Nov 18, 2005
623 S.E.2d 687 (Ga. Ct. App. 2005)

Opinion

A05A2107.

DECIDED NOVEMBER 18, 2005.

Speeding. Houston State Court. Before Judge Richardson.

Hogue Hogue, Franklin J. Hogue, for appellant.

Alan R. Tawse, Jr., Solicitor-General, Arthur J. Creque, Assistant Solicitor-General, for appellee.


Rachel D. Caputo appeals from the trial court's denial of her demand for a jury trial on charges that she drove her vehicle in excess of the posted speed limit. For the following reasons, we find that Caputo has the right to a jury trial and reverse the judgment of the trial court.

We granted Caputo's application for an interlocutory appeal.

Caputo was issued a uniform traffic citation charging that she drove her vehicle at 75 miles per hour in a zone where the posted speed limit was 55 miles per hour in violation of the speed restrictions set forth in the Uniform Rules of the Road in Article 9, Chapter 6, Title 40 of the Official Code of Georgia. The trial court denied Caputo's demand for a jury trial because the court did not consider the offense of speeding to be a misdemeanor and informed defense counsel that no sentence of imprisonment would be imposed. To the contrary, the charged speeding offense constituted a misdemeanor under state law. Geng v. State, 276 Ga. 428, 429-430 ( 578 SE2d 115) (2003); Gregg v. State, 253 Ga. App. 243, 244 ( 558 SE2d 729) (2002); OCGA §§ 40-6-1 (a); 40-13-26. Because the charged offense is a misdemeanor and subjects Caputo to potential punishment as a misdemeanant, Caputo has the right to trial by jury on the charge pursuant to Art. I, Sec. I, Par. XI of the Georgia Constitution. Geng, 276 Ga. at 430.

Judgment reversed. Phipps and Mikell, JJ., concur.


DECIDED NOVEMBER 18, 2005.


Summaries of

Caputo v. State

Court of Appeals of Georgia
Nov 18, 2005
623 S.E.2d 687 (Ga. Ct. App. 2005)
Case details for

Caputo v. State

Case Details

Full title:CAPUTO v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 18, 2005

Citations

623 S.E.2d 687 (Ga. Ct. App. 2005)
276 Ga. App. 477

Citing Cases

Jones v. State

See id. See Caputo v. State, 276 Ga. App. 477 ( 623 SE2d 687) (2005) (recognizing that speeding "is a…