Thomas J. Carroll, Jr. v. Commonwealth ( 1997 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Fitzpatrick, Overton and Senior Judge Duff
Argued at Alexandria, Virginia
THOMAS J. CARROLL, JR.
MEMORANDUM OPINION * BY
v. Record No. 1089-96-4 JUDGE CHARLES H. DUFF
JUNE 24, 1997
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF FAUQUIER COUNTY
Thomas D. Horne, Judge
Jeffrey B. Rice for appellant.
Marla Graff Decker, Assistant Attorney
General (James S. Gilmore, III, Attorney
General, on brief), for appellee.
Appellant contends that the trial court erred in denying his
motion to suppress. He alleges that he was unlawfully stopped at
a Virginia State Police traffic checking detail which lacked
constitutionally adequate safeguards. Thus, he alleges, evidence
of his intoxication was unlawfully obtained and should have been
suppressed.
Appellant bears the burden of submitting a record sufficient
for this Court's consideration of the issues presented. See
Smith v. Commonwealth, 16 Va. App. 630, 635, 432 S.E.2d 2, 6
(1993). While appellant included a transcript of the suppression
hearing in the record on appeal, he failed to include a
transcript of the trial or a written statement of facts
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
reflecting what occurred at trial.
This Court, in reviewing a trial court's ruling on a motion
to suppress, views the evidence in the light most favorable to
the prevailing party, and reviews the "evidence adduced at both
the trial and the suppression hearing." Greene v. Commonwealth,
17 Va. App. 606, 608, 440 S.E.2d 138, 139 (1994). See Spivey v.
Commonwealth, 23 Va. App. 715, 721, 479 S.E.2d 543, 546 (1997).
This Court retains jurisdiction over a case in which
portions of the record are not properly filed and may decide an
issue where the missing portions are not indispensable. See
Williams v. Commonwealth, 7 Va. App. 516, 519, 375 S.E.2d 364,
366 (1988) (en banc); Turner v. Commonwealth, 2 Va. App. 96, 99,
341 S.E.2d 400, 402 (1986). We hold that in this case, however,
a transcript or written statement of facts of the trial is
indispensable to a proper review of the trial court's denial of
the suppression motion. Accordingly, this case is dismissed.
Dismissed.
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