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455 A.2d 425

State v. Kerr

Supreme Judicial Court of Maine

Decided November 19, 1982

Supreme Judicial Court of Maine · decided 1982-11-19

Cited by 1 later decisions — most recently February 1985

1 state decisions

Relies on State v. Meyer · Daviau v. Pozzy

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-19

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¶1MEMORANDUM OF DECISION.

¶2Defendant appeals from the Superior Court denial of his appeal from a District Court adjudication that he committed the civil infraction of operating a motor vehicle under the influence of intoxicating liquor, 29 M.R.S.A. § 1312-C (1982). By his sole contention on appeal defendant asks this court to review the sufficiency of the evidence supporting that adjudication. We deny the appeal because defendant has failed to preserve an adequate record of the District Court proceedings.

¶3An appellant “has the affirmative duty of supplying this Court with an adequate record upon which consideration can be given to the arguments advanced in support of the appeal.” State v. Meyer, Me., 423 A.2d 955, 956 (1980), quoting Daviau v. Pozzy, Me., 419 A.2d 365, 366 (1980). “In the absence of a transcript or its equivalent, no appellate court has any way of reviewing factual findings of the lower court.” 423 A.2d at 957. Because defendant withdrew his request for an electronic recording of the District Court proceedings, none was made. Since the lack of a transcript was the result of defendant’s own action, the District Court found, and we agree, that he was not entitled to an attempted substitute for a transcript under D.C.Civ.R. 75(c).

¶4The entry must be:

¶5Judgment affirmed.

¶6All concurring.

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