Orem City v. Jensen

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Orem City v. Jensen Case No. 981868-CA Filed March 18, 1999 IN THE UTAH COURT OF APPEALS


City of Orem,
Plaintiff and Appellee,


Kristy R. Jensen,
Defendant and Appellant.

(Not For Official Publication)

Case No. 981868-CA

March 18, 1999

1999 UT App 084


Fourth District, Orem Department
The Honorable John C. Backlund

Randy M. Lish, Orem, for Appellant


Before Judges Greenwood, Billings, and Jackson.


To support her claim that the prosecution did not prove that she was guilty of retail theft beyond a reasonable doubt, Jensen had the burden to provide us with an adequate record on appeal. SeeState 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").

Jensen failed to provide an adequate record. The jury survey forms, to which Jensen refers, were not made a part of the record on appeal. No transcript of the trial was ordered and the pleadings file, which is part of the record, does not support Jensen's claim that there was insufficient evidence to support her conviction. Accordingly, we must presume the regularity of the proceedings before the trial court. SeeState 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 trial court is affirmed.

Pamela T. Greenwood,
Associate Presiding Judge

Judith M. Billings, Judge

Norman H. Jackson, Judge