WVC v. Deuel

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West Valley City,
Plaintiff and Appellee,

v.

Kelly R. Deuel,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990732-CA

F I L E D
December 9, 1999

1999 UT App 361 -----

Third District, West Valley Department
The Honorable Paul G. Maughan

Attorneys:
Kelly R. Deuel, West Valley City, Appellant Pro Se
J. Richard Catten, West Valley City, for Appellee

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Before Judges Greenwood, Bench, and Orme.

PER CURIAM:

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

Appellant challenges the sufficiency of the evidence to support his conviction following a bench trial. "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 1988) (quoting State v. Walker, 743 P.2d 191, 193 (Utah 1987)). "[T]he appellant has the burden of providing the reviewing court with an adequate record on appeal to prove his 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 proceedings before 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. See Horton v. Gem State Mutual, 794 P.2d 847, 849 (Utah Ct. App. 1990).

Affirmed.
 

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Pamela T. Greenwood,
Associate Presiding Judge
 

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Russell W. Bench, Judge
 

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Gregory K. Orme, Judge