Herman Derek Freeman v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 06, 2026

The Court of Appeals hereby passes the following order:

A26A0748. HERMAN DEREK FREEMAN v. THE STATE.

Herman Derek Freeman appeals from his felony convictions for aggravated
child molestation and other crimes, arguing that, inter alia, the trial court erred in
admitting certain other acts evidence and his counsel was ineffective in failing to
object to that evidence. Our review of the record indicates that a pre-trial hearing
regarding other acts evidence occurred on May 19, 2021. However, the May 19, 2021
transcript is not a part of the record on appeal, despite Freeman designating “all pre-
trial, trial, and post-trial transcripts and exhibits” to be included in the record. See
generally OCGA § 5-6-41(a) (providing that all proceedings in felony cases shall be
reported).
Pursuant to OCGA § 5-6-48(d), either with or without a motion, this Court
shall
require the trial court to make corrections in the record or transcript or
certify what transpired below which does not appear from the record on
appeal, require that additional portions of the record or transcript of
proceedings be sent up, or require that a complete transcript of evidence
and proceedings be prepared and sent up, or take any other action to
perfect the appeal and record so that the appellate court can and will pass
upon the appeal and not dismiss it.

Accord Galardi v. Steele-Inman, 259 Ga. App. 249, 249 (576 SE2d 555) (2002). Thus,
we hereby remove this case from the appeal docket and REMAND it to the trial court
to complete the record to include the May 19, 2021 transcript.
Once the completed transcript or a suitable substitute under OCGA § 5-6-41(h)
or (j) is on file with the trial court, and the trial court has entered an order stating that
the record is complete or that it cannot be completed, Freeman shall have 30 days
from the date of that order to refile his notice of appeal, and thereafter the case with
the complete record may be transmitted to the Court of Appeals for redocketing. See
Galardi, 259 Ga. App. at 250.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/06/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.