State of Utah, v. Brown

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State v. Brown. Filed April 29, 1999 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Leonard Shyrl Brown,
Defendant and Appellant.

(Not For Official Publication)

Case No. 981490-CA

April 29, 1999
  1999 UT App 143 -----

Sixth District, Richfield Department
The Honorable David L. Mower

Leonard Shyrl Brown, Richfield, Appellant Pro Se
Jan Graham and Norman E. Plate, Salt Lake City, for Appellee


Before Judges Wilkins, Greenwood, and Davis.


To support his claim that the trial court erred in finding that he was not indigent and therefore not entitled to counsel, Brown had the burden to provide us with an adequate record on appeal. See State v. Wulffenstein, 657 P.2d 289, 293 (Utah 1982), cert. denied, 460 U.S. 1044, 75 L.Ed 2d 799, 103 S. Ct. 1443 (1983) (stating that when "a defendant predicates error to [an appellate court], he has the duty and responsibility of supporting such allegation by an adequate record;" an appellate court "simply cannot rule on a question which depends for its existence upon alleged facts unsupported by the record"); Call v. City of West Jordan, 788 P.2d 1049, 1052 (Utah Ct. App. 1990) (stating that "the appellant has the burden of providing the reviewing court with an adequate record on appeal to prove his allegations").

Brown failed to provide an adequate record. No transcript of the hearing on indigency was ordered in spite of letters from this court telling Brown that he must do so or risk having his case decided without the benefit of a transcript. The record before us does not support Brown's contention that he met his burden to prove his indigency and entitlement to appointed counsel. Accordingly, we must presume the regularity of the proceedings before the trial court. See State v. Rawlings, 829 P.2d 150, 152-53 (Utah Ct. App. 1992) (upholding the trial court's order because "[i]n the absence of an adequate record on appeal, we cannot address the issues raised and presume the correctness of the disposition made by the trial court"); State v. Miller, 718 P.2d 403, 405 (Utah 1986) (per curiam) (stating that if "an appellant fails to provide an adequate record on appeal, [we] must assume the regularity of the proceedings below").

The State's motion for summary disposition is granted; Brown's motion for summary reversal is denied; the trial court is affirmed.

Michael J. Wilkins,
Presiding Judge

Pamela T. Greenwood,
Associate Presiding Judge

James Z. Davis, Judge