Parnell v. City of Atlanta
Parnell v. City of Atlanta
Opinion
The defendant, Virginia V. Parnell, appeals her conviction of the traffic offense of failure to yield at a stop sign. Held:
The City of Atlanta contends that jurisdiction of this appeal lies with the Fulton County Superior Court. We agree. The City Court of Atlanta is a constitutional city court. See Georgia Constitution of 1945, Art. VI, Sec. I, Par. I (Code Ann. § 2-3601 (now Art. VI, Sec. I, Par. I, Georgia Constitution of 1983)); and Ga. L. 1967, pp. 3360, 3361. Appeals from a constitutional city court can be within the jurisdiction of the Court of Appeals. OCGA § 5-6-34 (a). However, although this traffic offense was originally charged using the Uniform Traffic Citation and Complaint Form (see OCGA Title 40, Chapter 13), following a motion to dismiss by the defendant, the Solicitor amended the complaint form to allege a violation of a city ordinance.
This court held, in Williams v. City of Atlanta, 135 Ga. App. 765, *603 766 (219 SE2d 17), where the prosecution in the City Court of Atlanta was not under the Traffic Violations Bureau Act but was a conviction of an ordinance “certiorari in the superior court was the proper remedy, and the appeal must be dismissed.”
Appeal dismissed.
Reference
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