In reviewing this issue, we determined that the record does not contain an affidavit by Mr. Tapp nor does the record contain any evidence that Judge Davis held a hearing in the 11 th Judicial District or entered the judgment and commitment order in the 11 th Judicial District. The record does indicate that the jury returned a verdict and sentence was pronounced in the 7 th Judicial District. It is appellant's burden to bring forth a record that demonstrates error. Because appellant has failed to demonstrate that the affidavit of Mr. Tapp was part of the record considered by the Circuit Court and because appellant has failed to obtain a recording of the sentencing hearing, he has not demonstrated error. To begin with, venue and jurisdiction, though sometimes used interchangeably, are two distinct legal concepts.
Venue is the geographic area, like a county, where an action is brought to trial.
Jurisdiction is the power of a court to decide cases and presupposes control over the subject matter and parties. This court has stated that venue may be waived in a criminal case within the territorial boundaries of the judicial district. Here, appellant requested a change of venue. Judge Cole granted appellant's motion by changing venue from Hot Spring County to Saline County. Appellant asked the court to reconsider changing the venue to Grant County, which is outside the territorial boundaries of the 7 th Judicial District.