Opinion
A91A0310.
DECIDED APRIL 30, 1991.
D.U.I. DeKalb State Court. Before Judge McLaughlin.
J. Wayne Moulton, for appellant.
Ralph T. Bowden, Jr., Solicitor, W. Cliff Howard, Paul S. Han, Assistant Solicitors, for appellee.
After a bench trial, appellant was found guilty of driving under the influence. He appeals from the judgment of conviction and sentence entered on the trial court's finding of guilt.
Appellant's enumerations of error relate only to the denial of his pre-trial motion to suppress and only a transcript of the hearing on that motion has been included in the record on appeal. "There being no transcript of the evidence adduced upon the [bench] trial, we can not determine whether the evidence sought to be suppressed was actually introduced ..., and unless it was introduced, the overruling of the motion to suppress the evidence was harmless, even if error. Under these circumstances, the case must be affirmed as to the alleged error in [not] suppressing the evidence.... [Cit.]" Stephens v. State, 119 Ga. App. 674 ( 168 S.E.2d 333) (1969). See also Gilliam v. State, 124 Ga. App. 493 ( 184 S.E.2d 360) (1971).
Judgment affirmed. Banke, P. J., and Beasley, J., concur.