West Valley City v. Singh

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MEMORANDUM DECISION
(Not For Official Publication)
 

West Valley City,
Plaintiff and Appellee,

v.

Venus Singh,
Defendant and Appellant.

Case No. 981440-CA

F I L E D
October 16, 1998
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Third District, West Valley Department
The Honorable Anthony B. Quinn

Attorneys:
Venus Singh, West Valley City, Appellant Pro Se
J. Richard Catten, West Valley City, for Appellee

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Before Judges Wilkins, Jackson, and Orme.

PER CURIAM:

Appellant Venus Singh appeals from a conviction of improper use of lanes, a class C misdemeanor. This case is before the court on a sua sponte motion for summary disposition.

Singh challenges the sufficiency of the evidence supporting the trial court's ruling following a bench trial. Singh has not provided a transcript of the evidence presented to the court. "When reviewing a bench trial for sufficiency of the evidence, we must sustain the trial court's judgment unless it is 'against the clear weight of the evidence or [this court] otherwise reaches a definite and firm conviction that a mistake has been made.'" State v. Goodman, 763 P.2d 786, 786 (Utah 1998) (quoting State v. Walker, 743 P.2d 191, 193 (Utah 1987)). In the absence of a transcript, this court is unable to determine whether the trial court's ruling was based upon sufficient evidence and will presume the correctness of the disposition made by the trial court. See Horton v. Gem State Mutual, 794 P.2d 847, 849 (Utah Ct. App. 1990). In the absence of a transcript, Singh cannot demonstrate that the trial court's verdict was clearly erroneous.

We affirm the judgment.
 
 

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Michael J. Wilkins,
Associate Presiding Judge
 
 

_______________________________
Norman H. Jackson, Judge
 
 

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Gregory K. Orme, Judge