State v. Dock, Unpublished Decision (9-26-2002)
State v. Dock, Unpublished Decision (9-26-2002)
Opinion of the Court
{¶ 2} Both appellants were indicted by the Mahoning County Grand Jury for performing security services without a proper license or registration in violation of R.C. Sections
{¶ 3} The Youngstown Municipal Court accepted the pleas and dismissed the two remaining counts against Dock. Both appellants were sentenced to 30 days of incarceration. The court then suspended the sentences, placed both appellants on probation, and imposed upon each appellant a fine of $100 and an order to pay the $60 court costs.
{¶ 4} Both appellants filed an appeal, each assigning the identical assignment of error:
{¶ 5} "APPELLANT'S PLEA OF GUILTY WAS NOT KNOWINGLY AND VOLUNTARILY MADE AS MANDATED BY OHIO'S CRIM. R. 11(E) AND THE
FIFTH AMENDMENT TO THE U.S. CONSTITUTION, THUS DENYING APPELLANT DUE PROCESS OF LAW."
{¶ 6} Appellants' assignment of error asserts that the trial judge, in his oral colloquy, failed to advise appellants of their full constitutional rights. Appellants contend that Rule 11(E) and the
{¶ 7} Appellants have failed to provide the complete transcript of the trial court proceedings as required by App.R. 9. This court has repeatedly stressed that it is an appellant's responsibility to provide the court with a record of the facts, testimony, and evidence in support of their assignments of error. City of Youngstown v. McDonough (Dec. 12, 2000), 7th Dist. No. 00 C.A. 19; Mcready v. Guthrie (June 13, 2000), 7th Dist. No. 99 C.A. 52; Brunswick v. Diana (June 13, 2000), 7th Dist. No. 99 C.A. 108; City of Struthers v. Harshbarger (Dec. 27, 1999), 7th Dist. No. 98 C.A. 253, application for reconsideration denied (Oct. 4, 2000), 7th Dist. No. 98 C.A. 253. See also, Snader v. Job Master Svcs. (2000),
{¶ 8} "The duty to provide a transcript for appellate review falls upon the appellant. This is necessarily so because an appellant bears the burden of showing error by reference to matters in the record. * * * When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm." Knapp v. Edwards Laboratories (1980),
{¶ 9} As appellants have not submitted a transcript of the trial court proceedings, this court cannot determine whether or not the court acted properly within the context of appellants' assignment of error. Therefore, this court has nothing to pass upon and thus, as to that assigned error, the court has no choice but to presume the validity of the lower court's proceedings, and affirm.
{¶ 10} The judgment of the trial court is hereby affirmed.
Vukovich, J., concurs.
DeGenaro, J., concurs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.