City of Jamestown v. Baker

Filed Dec. 13, 2007
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2007 ND 189

City of Jamestown, Plaintiff and Appellee
v.
Dana Eldon Baker, Defendant and Appellant

No. 20070220

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
AFFIRMED.
Per Curiam.
Kenneth L. Dalsted, City Prosecutor, and Jodi A. Bass (argued), Assistant City Prosecutor, P.O. Box 1727, Jamestown, N.D. 58402-1727, for plaintiff and appellee.
Dana Eldon Baker (argued), pro se, 824 2nd Avenue N.E., Jamestown, N.D. 58401, defendant and appellant.

City of Jamestown v. Baker
No. 20070220

Per Curiam.

[¶1] Dana Baker appeals a district court criminal judgment convicting him of theft. Baker argues on appeal that he lacked the criminal intent requisite for a theft conviction. Baker did not file a transcript with this Court on appeal. Rule 10(b), N.D.R.App.P., requires an appellant to file a transcript with this Court. "A party's failure to provide a transcript of the proceedings in the district court may prevent the party from prevailing on appeal." State v. Skarsgard, 2007 ND 160, ¶ 6, 739 N.W.2d 786. "We will not review an issue if the record on appeal does not allow for a meaningful and intelligent review of the district court's alleged error." Id. Without the trial transcript in this case, we cannot conduct a meaningful and intelligent review of the error alleged by Baker. We, therefore, affirm under N.D.R.App.P. 35.1(a)(7).

[¶2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner