Ricky Hill brings this appeal from his conviction following a bench trial of two counts of violating the Georgia Controlled Substances Act by selling marijuana. Held:
1. Appellant's first enumeration of error asserts that he did not knowingly, voluntarily and intelligently waive his right to a jury trial. This issue was raised via motion for new trial, appellant being represented by different counsel than that representing him at trial. The indictment shows the printed name of appellant's trial counsel with the notation "waive jury 1-16-84." In the face of this incomplete record, the trial court directed that the record remain open for 30 days after the hearing on the motion for new trial "to see if it is, in fact, rectified and corrected." The State subsequently submitted the affidavit of trial counsel who, in regard to this issue, averred only that at arraignment in this matter he waived jury trial. Appellant also submitted an affidavit in which he stated that trial counsel never discussed with him at any time during his representation the advantages and disadvantages of a jury trial. He further asserted that he did not "knowingly, intelligently, and willingly" waive his right to a jury trial, nor did he "ask or permit" trial counsel to make such a representation at arraignment. The motion for new trial was denied.
2. Appellant's remaining enumeration of error is rendered moot by our holding in Division 1, supra.