WVCv. Anderton

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West Valley City v. Anderton. Filed December 16, 1999 IN THE UTAH COURT OF APPEALS


West Valley City,
Plaintiff and Appellee,


Gloria Jessie Anderton,
Defendant and Appellant.

(Not For Official Publication)

Case No. 990923-CA

December 16, 1999 1999 UT App 374 -----

Third District, West Valley Department
The Honorable Ann Boyden

Gloria Jessie Anderton, Bountiful, Appellant Pro Se
J. Richard Catten, West Valley City, for Appellee


Before Judges Greenwood, Davis, and Orme.


This matter is before the court on its own motion for summary disposition. We affirm the district court.

Appellant challenges the sufficiency of the evidence to support her conviction following a bench trial. "The appellant has the burden of providing the reviewing court with an adequate record on appeal to prove [her] allegations." Call v. City of West Jordan, 788 P.2d 1049, 1052 (Utah Ct. App. 1990). Appellant has not provided us with a transcript of the evidence presented to the trial court. In the absence of a transcript, this court is unable to determine whether the conviction is based upon sufficient evidence and will presume the correctness of the disposition made by the trial court. SeeHorton v. Gem State Mut., 794 P.2d 847, 849 (Utah Ct. App. 1990).

Further, appellant admits in her docketing statement that the officer testified she was speeding throughout the entire school zone. Because the trial court sees the witnesses and has an opportunity to judge their credibility, an appellate court will not second-guess the trial court's decision as to who it believes. See State v. Wright, 744 P.2d 315, 317 (Utah Ct. App.1987). In this case, the court apparently chose to believe the officer's rather than appellant's version of events.

Based on the foregoing, appellant's conviction is affirmed.

Pamela T. Greenwood,
Associate Presiding Judge

James Z. Davis, Judge

Gregory K. Orme, Judge