Orem City v. Walton

Orem City v. Walton p { margin-top: 0px; margin-bottom: 1px } body { font-family: "Courier", monospace; font-size: 12pt; font-weight: normal; font-style: normal }

IN THE UTAH COURT OF APPEALS

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Orem City,

Plaintiff and Appellee,

v.

Brandon Walton,

Defendant and Appellant.

MEMORANDUM DECISION

(Not For Official Publication)

 

Case No. 20020602-CA

 

F I L E D

(December 19, 2002)

 

2002 UT App 427

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Fourth District, Orem Department

The Honorable John C. Backlund

 

Attorneys:Brandon K. Walton, Alpine, Appellant Pro Se

Robert J. Church, Orem, for Appellee

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Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

Appellant Brandon Walton appeals his conviction for Speeding, a class C misdemeanor. This case is before the court on a sua sponte motion for summary disposition.

Walton claims on appeal that he was denied a fair trial because he appeared after his bench trial had concluded, but before the calendar had concluded, and was not allowed to present his defense.

Walton has provided this court with a transcript of the bench trial, but not of any proceedings for which he claims he was present and attempted to address the court. Walton has not provided this court with an adequate record to determine whether he was denied a fair trial. When an appellant argues on appeal that a finding or conclusion is unsupported by or contrary to the evidence, the appellant is required to include in the record a transcript of all evidence relevant to the finding or conclusion. See Utah R. App. P. 11(e)(2). Neither this court nor appellee is obligated to correct deficiencies in providing relevant portions of the transcript. See id. In the absence of an adequate record on appeal, the appellate court will "presume that the judgment was supported by sufficient evidence." Horton v. Gem State Mut., 794 P.2d 847, 849 (Utah Ct. App. 1990).

The record before this court does not indicate when, or even if, Walton appeared. Nor does the record indicate any request to address his case. Lastly, the record does not demonstrate that Walton appeared with his witness ready to testify. Therefore, we summarily affirm Walton's conviction.

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James Z. Davis, Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge