State v. Whitlock

State v. Whitlock

IN THE UTAH COURT OF APPEALS
 

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State of Utah,

Plaintiff and Appellee,

v.

Jason C. Whitlock,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040550-CA
 

F I L E D
(March 17, 2005)
 

2005 UT App 129

 

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First District, Logan Department

The Honorable Gordon J. Low

Attorneys: Jason C. Whitlock, Logan, Appellant Pro Se

James M. Swink and N. George Daines, Logan, for Appellee

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Before Judges Greenwood, Jackson, and Thorne.

PER CURIAM:

    Jason C. Whitlock appeals his conviction of Reckless Driving, a class B misdemeanor. This case is before the court on a sua sponte motion for summary disposition. Whitlock did not file a response to the motion.

    Whitlock claims in his docketing statement that he was not provided adequate discovery, he was not given adequate time to prepare because an amendment to the charges was made at the commencement of the bench trial, and the court refused to appoint counsel despite his requests. The trial court record is not adequate to consider these claims.

    There is no indication in the record that Whitlock made any objection regarding inadequate discovery and that claim is not preserved for consideration on appeal. Although the record reflects that an Amended Information was received at the time of trial, there is no explanation in the district court record. Whitlock failed to provide a transcript of the trial in order to allow review of this claim.(1) In the absence of an adequate record on appeal, this court will presume that the trial court's findings were based upon sufficient evidence and that the disposition of the case was correct. See Horton v. Gem State Mut., 794 P.2d 847, 849 (Utah Ct. App. 1990).

    Even assuming solely for purposes of this appeal that Whitlock requested appointed counsel and was determined to be indigent, the court did not err in failing to appoint counsel because he was not sentenced to serve any jail time. See Scott v. Illinois, 440 U.S. 365, 373-74 (1978) ("[T]he Sixth and Fourteenth Amendments to the United States Constitution require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State afforded him the right to assistance of appointed counsel in his defense.").

    We affirm the judgment of the district court.

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Pamela T. Greenwood, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge

1. Although the trial court record reflects that Whitlock ordered a transcript and made a payment toward that transcript, the district court informed this court that the transcript was not filed due to failure to complete payment.