State v. Collier

IN THE UTAH COURT OF APPEALS
 

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State of Utah,

Plaintiff and Appellee,

v.

Daniel C. Collier,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040200-CA
 

F I L E D
(October 21, 2004)
 

2004 UT App 367

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Eighth District, Vernal Department

The Honorable John R. Anderson

Attorneys: Daniel C. Collier, Vernal, Appellant Pro Se

JoAnn B. Stringham, Vernal, for Appellee

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Before Judges Billings, Bench, and Greenwood.

PER CURIAM:

    This is an appeal from a conviction of assault against a police officer, in violation of Utah Code section 76-5-102.4 (2003), and interfering with an arresting officer, in violation of Utah Code section 76-8-305 (2003).

    Collier's failure to provide this court with a complete record, including a transcript of the trial, disposes of his appeal. Collier has an obligation to provide this court with a complete record in order for the court to evaluate his claims. See Utah R. App. P. 11(e)(2); State v. Penman, 964 P.2d 1157, 1162 (Utah App. 1998). "'Absent that record, defendant's assignment of error stands as a unilateral allegation which the reviewing court has no power to determine.'" Id. (quoting State v. Wulffenstein, 657 P.2d 289, 293 (Utah 1982)). Further, "in the face of 'an inadequate record on appeal, [we] must assume the regularity of the proceedings below.'" State v. Miller, 718 P.2d 403, 405 (Utah 1986) (per curiam); see also State v. Blubaugh, 904 P.2d 688, 699 (Utah Ct. App. 1995).

    Because Collier has failed to support his arguments with a complete record, this court must presume that the evidence presented supported the convictions and that counsel acted effectively. Further, we presume that the testimony of the officers, and the prosecutor's comments regarding the testimony, were not perjured.

    The convictions are affirmed.

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Judith M. Billings,

Presiding Judge

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Russell W. Bench,

Associated Presiding Judge

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Pamela T. Greenwood, Judge