State v. Biles ( 2011 )

[Cite as State v. Biles, 2011-Ohio-6477.]
COURT OF APPEALS
TUSCARAWAS COUNTY, OHIO
FIFTH APPELLATE DISTRICT
: JUDGES:
STATE OF OHIO : William B. Hoffman, P.J.
: Sheila G. Farmer, J.
Plaintiff-Appellee : Julie A. Edwards, J.
:
-vs- : Case No. 11AP030012
:
:
LARRY BILES : OPINION
Defendant-Appellant
CHARACTER OF PROCEEDING: Criminal Appeal from Tuscarawas
County Court of Common Pleas Case
No. 2010CR01007
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: December 12, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
MICHAEL ERNEST DAN GUINN
125 EAST HIGH AVENUE 118 WEST HIGH AVENUE
NEW PHILADELPHIA, OHIO 44663 NEW PHILADELPHIA, OHIO 44663
[Cite as State v. Biles, 2011-Ohio-6477.]
Edwards, J.
{¶1} Appellant, Larry Biles, appeals a judgment of the Tuscarawas County
Common Pleas Court convicting him of two counts of trafficking in cocaine (R.C.
2925.03(A)(1)). Appellee is the State of Ohio.
STATEMENT OF FACTS AND CASE
{¶2} On January 13, 2010, appellant was indicted by the Tuscarawas County
Grand Jury with two counts of trafficking in cocaine. The case proceeded to jury trial in
the Tuscarawas County Common Pleas Court. Appellant was convicted of both counts.
The trial court sentenced him to three years of community control. He assigns a single
error on appeal:
{¶3} “APPELLANT’S CONVICTION UNDER OHIO REVISED CODE
2925.03(A)(1) WAS AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE
EVIDENCE.”
{¶4} Appellant's assignment of error relies for its validity on a transcript of the
proceedings. However, no transcript of the proceedings has been filed in the instant
case.
{¶5} On March 15, 2011, appellant filed a request for a transcript of the
proceedings. The trial court granted an extension of 40 days within which to file the
transcript on April 25, 2011. On June 6, 2011, appellant filed a motion for extension of
time in which to file the transcript with this Court. This Court overruled the motion on
June 10, 2011, for failure to comply with Loc. R. 8(B). The clerk of courts notified
appellant that the record was transmitted on June 10, 2011, with no transcripts filed.
Tuscarawas County App. Case No. 11AP030012 3
{¶6} Appellant filed a motion to supplement the record with the trial transcript
on July 20, 2011, noting that the transcript was still being prepared by the court reporter.
This Court overruled the motion on July 28, 2011, again for failure to comply with Loc.
R. 8(B).
{¶7} The record before us therefore does not include a transcript of the
proceedings. Absent a transcript, we must presume regularity in the proceedings in the
trial court. Knapp v. Edwards Laboratory (1980), 61 Ohio St. 2d 197, 400 N.E.2d 384.
{¶8} Appellant’s assignment of error is overruled.
{¶9} The judgment of the Tuscarawas County Common Pleas Court is
affirmed.
By: Edwards, J.
Hoffman, P.J. and
Farmer, J. concur
______________________________
______________________________
______________________________
JUDGES
JAE/1118
[Cite as State v. Biles, 2011-Ohio-6477.]
IN THE COURT OF APPEALS FOR TUSCARAWAS COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
:
-vs- : JUDGMENT ENTRY
:
LARRY BILES :
:
Defendant-Appellant : CASE NO. 11AP030012
For the reasons stated in our accompanying Memorandum-Opinion on file, the
judgment of the Tuscarawas County Court of Common Pleas is affirmed. Costs
assessed to appellant.
_________________________________
_________________________________
_________________________________
JUDGES