State v. Murphy

544                    June 26, 2024                No. 455

   This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
         except as provided in ORAP 10.30(1).

         IN THE COURT OF APPEALS OF THE
                 STATE OF OREGON

                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
              JOSHUA PATRICK MURPHY,
                  Defendant-Appellant.
                Coos County Circuit Court
                   23VI27762; A181771

  Brett A. Pruess, Judge.
  Submitted May 29, 2024.
  Appellant filed the brief pro se.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jennifer S. Lloyd, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, Powers, Judge, and
Hellman, Judge.
  HELLMAN, J.
  Appeal dismissed.
Nonprecedential Memo Op: 

 (2024)                               545

           HELLMAN, J.
         Defendant appeals a judgment of conviction for
violating the basic speed rule, ORS 811.100, entered after
defendant was cited for driving 20 miles per hour above the
speed limit. We understand defendant’s sole assignment of
error to challenge the constitutionality of the proceedings
and the sufficiency of the evidence to support the conviction.
As explained below, we dismiss the appeal.
         We decline to review defendant’s assignment of error
because the record on appeal is insufficient for review.1 See
ORS 19.365(5) (“If the record on appeal is not sufficient to
allow the appellate court to review an assignment of error,
the appellate court may decline to review the assignment
of error and may dismiss the appeal if there are no other
assignments of error that may be reviewed.”). Although the
“appellant bears the burden of providing a record sufficient
to demonstrate that error occurred,” Ferguson v. Nelson, 

, 

 (2007), defendant did not designate a transcript of the trial court proceedings as a part
of the record.2 Because that transcript is necessary to evaluate defendant’s assignment of error, we cannot determine
whether the trial court erred. See C. P. v. N. L., 

, 

 (2015) (“In the absence of that transcript—that is, without a complete record of the evidence
presented to the trial court—we are unable to determine
whether the court erred ….”); Hansen v. Bennett, 

, 

, rev den, 

 (1999)
(“Without a transcript of the evidence bearing on the claim
and the arguments made to the trial court on it, there is no
basis for us to review the assignments.”).
           Appeal dismissed.




    1
      The record on appeal includes “the trial court file, exhibits and record of
oral proceedings in the trial court that are designated under 19.250. The record of
oral proceedings is the transcript prepared under ORS 19.370[.]” ORS 19.365(2).
    2
      In defendant’s amended notice of appeal, defendant designated the “[t]rial
court file only. No exhibits and no oral proceedings” and noted that “This is an
amended notice as I will not be paying for transcripts.”