Cedar City v. Child

----ooOoo----

Cedar City,
Plaintiff and Appellee,

v.

Doug Child,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010532-CA

F I L E D
April 25, 2002 2002 UT App 133 -----

Fifth District, Cedar City Department
The Honorable Robert T. Braithwaite

Attorneys:
Doug Child, Bountiful, Appellant Pro Se
Alice Ritter Burns, Cedar City, for Appellee -----

Before Judges Billings, Davis, and Greenwood.

PER CURIAM:

Child appeals from a conviction for failure to obey a traffic control sign, an infraction. Child filed a one page brief which does not conform with the technical requirements of Rule 24 of the Utah Rules of Appellate Procedure. The City did not file a brief, but rather, filed an "objection to pleadings by defendant and appellant." This court has accepted the brief because we typically afford pro se litigants leniency in the rule requirements. Further, this court is not obligated to strike an inadequate brief and, in this case, we choose to address the brief in the interests of justice. See State v. Gamblin, 2000 UT 44,¶8, 1 P.3d 1108.

Child contends that he did not act unlawfully and that he is frequently the victim of profiling. This is best characterized as a claim of insufficient evidence. However, Child has failed to provide this court with a transcript of the trial. Therefore, we must presume the correctness of the trial court proceedings. See State v. Wetzel, 868 P.2d 64, 67 (Utah 1993) ("[T]he burden is upon the appellant to provide an adequate record for review, and without adequate record, we must assume the regularity of the proceedings below."). Child's assertion is a unilateral allegation, which, without adequate record this court has no power to determine. See State v. Penman, 964 P.2d 1157, 1162 (Utah Ct. App. 1998); see also, State v. Wulffenstein, 657 P.2d 289, 293 (Utah 1982). Therefore, this court cannot review the actions of the trial court. For this reason, we affirm the conviction.
 
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
James Z. Davis, Judge
 
 

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Pamela T. Greenwood, Judge