State v. Keil, Unpublished Decision (9-14-2004)
State v. Keil, Unpublished Decision (9-14-2004)
Opinion of the Court
OPINION
{¶ 1} On January 17, 2002, appellant, Kimberly Keil, was charged with one count of domestic violence in violation of 2919.25. Said charge arose from an incident on January 15, 2002 involving appellant's mother, Naomi Thompson.{¶ 2} A jury trial commenced on May 28, 2003. The jury found appellant guilty. The trial court sentenced appellant to sixty days in jail, suspended in lieu of community control.
{¶ 3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:
{¶ 6} The admission or exclusion of evidence lies in the trial court's sound discretion. State v. Sage (1987),
{¶ 7} Pursuant to Evid.R. 104, "Preliminary questions concerning the * * * admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (B)" regarding relevancy. "The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." Evid.R. 901.
{¶ 8} We are unable to review appellant's arguments herein vis-á-vis Evid.R. 901 because a transcript of the trial court's proceedings is not included in the file. In Knapp v. EdwardsLaboratories (1980),
{¶ 9} "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. See State v. Skaggs (1978),
{¶ 10} The sole assignment of error is denied.
The judgment of the Municipal Court of Morrow County, Ohio is hereby affirmed.
Farmer, J., Hoffman, P.J. and Edwards, J. concur.
For the reasons stated in the Memorandum-Opinion on file, the judgment of the Municipal Court of Morrow County, Ohio is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.