Granado v. CommonwealthAnnotate this Case
Eliseo Granado was convicted of driving a motor vehicle while intoxicated. Granado filed a notice of appeal. On the deadline for filing a written statement of facts, Granado filed a proposed written statement of facts in the circuit court clerk’s office, but the clerk’s office did not include the original proposed written statement of facts in the contents of the record submitted to the Court of Appeals. The Court of Appeals denied Granado’s petition for appeal, concluding that the statement of facts was not timely filed and was not part of the record to be considered on appeal, and therefore, the record was insufficient to address the assignments of error raised by Granado. Granado then filed a demand for review by a three-judge panel of the Court of Appeals. The panel denied Granado’s petition. The Supreme Court reversed, holding that the Court of Appeals erred by ruling that there was no statement of facts in the record for its consideration because that the statement of facts was timely filed in the circuit court and was properly part of the record.