Salt Lake City, v. Mason

Salt Lake City, v. Mason

IN THE UTAH COURT OF APPEALS

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Salt Lake City,

Plaintiff and Appellee,

v.

Stephanie Mason,

Defendant and Appellant.

MEMORANDUM DECISION

(Not For Official Publication)
 

Case No. 990036-CA
 

F I L E D

(March 18, 1999)
 

1999 UT App 083B

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Third District, Salt Lake Department

The Honorable Glenn K. Iwasaki

Attorneys: Stephanie Mason, Kearns, Appellant Pro Se

Richard W. Daines, Salt Lake City, for Appellee

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Before Judges Greenwood, Billings, and Jackson.

PER CURIAM:

Appellant Stephanie Mason appeals from her conviction of parking in a no parking zone, an infraction. This appeal is before the court on a sua sponte motion for summary disposition. We affirm.

Mason contends the evidence did not support her conviction. She contends that the proximate cause of the accident was inattention of the other driver. However, the only issue before the trial court was whether Mason committed the offense of stopping in a no parking zone. She does not dispute any fact necessary to establish this offense.

Mason failed to otherwise challenge the sufficiency of the evidence supporting the conviction. Although she recounts the evidence allegedly presented at trial, she did not provide a transcript for review on appeal or take steps necessary to obtain an agreed upon statement of the facts, as allowed under the appellate rules. The failure to provide a transcript of the relevant portions of the trial is fatal to her claims. Utah R. App. P. 11(e)(2) requires an appellant who "intends to urge on appeal that a finding or conclusion is unsupported by or is contrary to the evidence [to] include in the record a transcript of all evidence relevant to such finding or conclusion." As a result of the failure to provide an adequate record, Mason fails to sustain the burden to marshal the evidence supporting the verdict and demonstrate that it is clearly erroneous. "If the appellant fails to marshal the evidence, the appellate court assumes that the record supports the findings of the trial court and proceeds to a review of the accuracy of the lower court's conclusions of law and the application of that law in the case." Saunders v. Sharp, 806 P.2d 198, 199 (Utah 1991). The undisputed facts support the conviction of the offense. Mason's remaining claims also do not state a basis for reversal.

Accordingly, we affirm the judgment.

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Pamela T. Greenwood,

Associate Presiding Judge

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Judith M. Billings, Judge

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Norman H. Jackson, Judge