Ogden City v. Marz

Ogden City v. Marz

IN THE UTAH COURT OF APPEALS

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Ogden City,

Plaintiff and Appellee,

v.

Daniel Scott Marz,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030057-CA
 

F I L E D
(December 26, 2003)
 

2003 UT App 443

 

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Second District, Ogden Department

The Honorable Michael D. Lyon

Attorneys: Daniel Scott Marz, North Ogden, Appellant Pro Se

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Before Judges Jackson, Greenwood, and Thorne.

PER CURIAM:

Defendant appeals from his conviction of driving on a suspended license and improper backing. Ogden City did not file a brief.

Defendant contends that he was unable to prepare an adequate defense because he was not provided "public records," apparently police reports and photos, that he asserts prove lack of negligence. Defendant further asserts that after the prosecutor failed to furnish the reports and photos at trial, Defendant requested a continuance, but the trial court denied his request. Defendant has the burden to show that the prosecutor failed to furnish discovery, see State v. Larson, 775 P.2d 415, 418 (Utah 1989), and to provide this court with an adequate record, including a trial transcript. See, e.g., State v. Penman, 964 P.2d 1157, 1162 (Utah Ct. App. 1998). The record contains a pretrial letter addressed to the trial court and indicating that Defendant requested the case file from the prosecutor, but had not received it. However, Defendant did not provide this court with a trial transcript, and there is no record evidence showing that the prosecutor failed to furnish discovery or that Defendant requested a continuance and the trial court improperly denied that request. This court "simply cannot rule on a question which depends for its existence upon alleged facts unsupported by the record." Id. (quotations and citation omitted).

Defendant also asserts that the trial court excluded notarized witness statements. However, he has not explained how the trial court erred nor has he cited any legal authority. This court cannot assume Defendant's burden of argument and research. See Treff v. Hinckley, 2001 UT 50,¶11, 26 P.2d 212; see also Utah R. App. P. 24(a)(9).

Because Defendant has not demonstrated that the trial court erred, we affirm.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge