Orem City v. Jensen

----ooOoo----

Orem City,
Plaintiff and Appellee,

v.

Jim C. Jensen,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000330-CA

F I L E D
June 22, 2000
  2000 UT App 194 -----

Fourth District, Orem Department
The Honorable John C. Backlund

Attorneys:
Jim C. Jensen, Lindon, Appellant Pro Se
Robert J. Church, Orem, for Appellee -----

Before Judges Greenwood, Davis, and Orme.

PER CURIAM:

This matter is before the court on its own motion for summary disposition. Appellant, who appeals his conviction of retail theft, a class B misdemeanor, has failed to respond to the motion. For the reasons set forth below, we affirm the conviction and sentence.

Based on his docketing statement, it appears that appellant, who claims he did not commit the crime charged and that the sentence was too harsh, is challenging the sufficiency of the evidence supporting the conviction and the legality of the sentence imposed. With respect to the latter, inasmuch as a class B misdemeanor is punishable by a fine up to $1,000 and up to 180 days in jail, the sentence imposed was lawful and appropriate. See Utah Code Ann. §§ 76-3-204(2) & -301(1)(d) (1999).

With respect to the first challenge, appellant has failed to provide a transcript on appeal. "[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). When a challenge to the sufficiency of the evidence is raised, an adequate record must include a transcript. See Utah R. App. P. 11(e)(2). Absent an adequate record on appeal, this court must presume the correctness of the disposition made below, as we are unable to review the evidence as a whole. See State v. Jones, 657 P.2d 1263, 1267 (Utah 1982); Horton v. Gem State Mut., 794 P.2d 847, 849 (Utah Ct. App. 1990). Appellant's failure to respond to the court's motion and to provide a transcript prevents this court from conducting a meaningful review of the sufficiency of the evidence supporting the conviction. Accordingly, we presume the correctness of the trial court's disposition and affirm the conviction and sentence.

Affirmed.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 
 

______________________________
Gregory K. Orme, Judge