State v. Sima
| Decision Date | 11 July 1977 |
| Docket Number | No. 12338,12338 |
| Citation | 98 Idaho 643,570 P.2d 1333 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Francis SIMA, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Francis Sima, pro se.
Wayne L. Kidwell, Atty. Gen., James F. Kile, Asst. Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.
This is an appeal from Francis Sima's conviction for violation of I.C. § 18-6710, making repeated anonymous telephone calls with the intent to annoy. We affirm. Appellant was charged with the offense and tried before a magistrate sitting without a jury. He was found guilty, convicted and sentenced to a suspended ten day sentence and the payment of a $50.00 fine. On appeal to the district court that conviction was affirmed. Other than the alleged facts set forth in appellant's brief, we are without a record since appellant has failed to provide a reporter's transcript. Upon appeal, appellant carries the burden of presenting such a record as to enable our review of the asserted errors. In the absence thereof we will not presume error. State v. Peterson, 87 Idaho 147, 391 P.2d 846 (1964). A litigant appearing pro se is held to the same standards and rules as one appearing with counsel. Scafco v. Rigby & Mason, 98 Idaho 432, 566 P.2d 381 (No. 12251, June 27, 1977).
The conviction is affirmed.
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State v. Hall
...1306, 1308 (1986). In the absence of an adequate record on appeal, an appellate court will not presume error. State v. Sima , 98 Idaho 643, 644, 570 P.2d 1333, 1334 (1977). Hall has failed to provide any support for the claim that evidence was suppressed. There is no favorable evidence that......
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State v. Langley, 16239
...of presenting such a record as to enable our review of the asserted errors. In the absence thereof we will not presume error." State v. Sima, 98 Idaho 643 (1977). Under the circumstances presented here, Appellant submits that this per se rule may not be applied to him. Therefore, out of nec......
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Golay v. Loomis
...represented by an attorney." Golden Condor, Inc. v. Bell, 112 Idaho 1086, 1089, n. 5, 739 P.2d 385, 388, n. 5 (1987); State v. Sima, 98 Idaho 643, 570 P.2d 1333 (1977). We agree with the district court's analysis of this issue as set forth in its decision denying Loomis' petition for [118 I......
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Sheahan v. State, Docket No. 31723 (Idaho App. 3/6/2008)
...motions to withdraw. In the absence of an adequate record on appeal, the appellate court will not presume error. State v. Sima, 98 Idaho 643, 644, 570 P.2d 1333, 1334 (1977); State v. McConnell, 125 Idaho 907, 909, 876 P.2d 605, 607 (Ct. App. ...