Opinion
No. 110,991.
2014-10-10
In the Matter of the Care and Treatment of Roger Lee SWEET.
Appeal from Wyandotte District Court; Kathleen Lynch, Judge.Jeffrey C. Leiker, of Leiker Law Office, P.A., of Kansas City, for appellant.Natalie Chalmers, assistant solicitor general, and Derek Schmidt, attorney general, for appellee.
Appeal from Wyandotte District Court; Kathleen Lynch, Judge.
Jeffrey C. Leiker, of Leiker Law Office, P.A., of Kansas City, for appellant. Natalie Chalmers, assistant solicitor general, and Derek Schmidt, attorney general, for appellee.
Before MALONE, C.J., GREEN and BUSER, JJ.
MEMORANDUM OPINION
PER CURIAM.
Following a trial by jury, Roger Lee Sweet was found to be a sexually violent predator under K.S.A. 59–29a01 et seq. On direct appeal, Sweet's principal argument is that the trial court abused its discretion when it admitted expert reports of the State which contained inadmissible hearsay. Nevertheless, as the party challenging the admission of the evidence, Sweet bears the burden to designate facts in the record to support that claim. Sweet fails to cite in his brief where in the record this court may locate the expert reports. Because the expert reports are not contained in the record on appeal, Sweet has not met his burden. Without those expert reports, his claim of error fails. See Friedman v. Kansas State Bd. of Healing Arts, 296 Kan. 636, 644–45, 294 P.3d 287 (2013). See also Supreme Court Rule 6.02(a)(4) (2013 Kan. Ct. R. Annot. 39) (“The court may presume that a factual statement made without reference to the volume and page number has no support in the record on appeal.”).
Affirmed.