Orem City v. Tison

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IN THE UTAH COURT OF APPEALS ----ooOoo---Orem City, Plaintiff and Appellee, v. Matthew R. Tison, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090987-CA F I L E D (April 8, 2010) 2010 UT App 83 ----Fourth District, Orem Department, 095201854 The Honorable John C. Backlund Attorneys: Matthew R. Tison, Provo, Appellant Pro Se ----- Before Judges McHugh, Orme, and Voros. PER CURIAM: Matthew Tison appeals his conviction of driving without insurance. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review. Tison did not respond to the motion. We affirm. Tison asserts in his docketing statement that he did not plead guilty. The record shows that a guilty plea was entered to the charge of operating a vehicle without insurance and that a second charge was dismissed. Tison has not provided a transcript of the proceedings for review to determine if anything happened other than what is reflected in the record. It is Tison's 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 Ct. App. 1998). "'Absent that record, defendant's assignment of error stands as a unilateral allegation which the reviewing court has no power to determine.'" Penman, 964 P.2d at 1162. 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 Tison has not provided a transcript, this court cannot evaluate his claim on appeal and must assume the regularity of the proceedings below. Affirmed. ______________________________ Carolyn B. McHugh, Associate Presiding Judge ______________________________ Gregory K. Orme, Judge ______________________________ J. Frederic Voros Jr., Judge 20090987-CA 2

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