Spanish Fork City v. Hansen

Spanish Fork City v. Hansen, Case No. 20010572-CA, Filed October 18, 2001, 2001 UT App 300 IN THE UTAH COURT OF APPEALS

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Spanish Fork City,
Plaintiff and Appellee,

v.

Matthew B. Hansen,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010572-CA

F I L E D
October 18, 2001
2001 UT App 300
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Fourth District, Spanish Fork Department
The Honorable Howard H. Maetani

Attorneys:
Matthew B. Hansen, American Fork, Appellant Pro Se
S. Junior Baker, Spanish Fork, for Appellee

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Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

This matter is before the court on a sua sponte motion for summary affirmance pursuant to Rule 10 of the Utah Rules of Appellate Procedure.

Appellant Matthew B. Hansen alleges his conviction for failure to yield to a pedestrian was based on perjured testimony by the officer. Hansen, however, has not indicated what statements he believes were perjured or what basis exists to determine that the statements were perjured. Furthermore, Hansen has neither filed a transcript of the proceedings with this court nor responded to the court's sua sponte motion.

In the absence of a transcript, this court is unable to determine whether the trial court's decision was based upon sufficient evidence and will presume the correctness of the disposition made in the trial court. See Horton v. Gem State Mutual, 794 P.2d 847, 849 (Utah Ct. App. 1990); State v. Goodman, 763 P.2d 786, 786 (Utah 1998) (quoting State v. Walker, 743 P.2d 191, 193 (Utah 1987)). Therefore, we conclude that appellant presents an insubstantial question that does not merit further review. Accordingly, we affirm appellant's conviction.
 
 
 
 

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Pamela T. Greenwood,
Presiding Judge
 
 
 

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Norman H. Jackson,
Associate Presiding Judge
 
 

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Russell W. Bench, Judge