Opinion
Case No. 20020907-CA.
FILED December 27, 2002. (Not For Official Publication)
Fourth District, Orem Department, The Honorable John C. Backlund.
Eduard Solur, Orem, Appellant Pro Se.
Before Judges Davis, Greenwood, and Orme.
MEMORANDUM DECISION
Eduard Solur appeals his conviction of Befouling a Public Place, a class B misdemeanor. This case is before the court on a sua sponte motion for summary affirmance. See Utah R.App.P. 10(a)(2).
The record in this case is inadequate to support Solur's allegations on appeal because he has not provided a transcript for review. Without the transcript, "`defendant's assignment of error stands as a unilateral allegation which the reviewing court has no power to determine. [An appellate court] simply cannot rule on a question which depends for its existence upon alleged facts unsupported by the record.'" State v. Penman, 964 P.2d 1157, 1162 (Utah Ct.App. 1998) (quoting State v. Wulffenstein, 657 P.2d 289, 293 (Utah 1982)).
In the absence of a transcript, the issues Solur raises on appeal are unsupported in the record and we must presume the correctness of the proceedings below. See State v. Wetzel, 868 P.2d 64, 67 (Utah 1993) ("Parties claiming error below and seeking appellate review have the duty and responsibility to support their allegations with an adequate record."); State v. Blubaugh, 904 P.2d 688, 699 (Utah Ct.App. 1995) (assuming regularity of proceedings below because appellant failed to include transcript). Accordingly, we grant the sua sponte motion and affirm the district court's judgment.
James Z. Davis, Judge, Pamela T. Greenwood, Judge, and Gregory K. Orme, Judge.