Welch v. State, 8 Div. 148
| Decision Date | 14 August 1984 |
| Docket Number | 8 Div. 148 |
| Citation | 455 So.2d 299 |
| Parties | Travis WELCH v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Benjamin H. Rickey, Russellville, for appellant.
Charles A. Graddick, Atty. Gen., and Mary Ellen Fike Forehand, Asst. Atty. Gen., for appellee.
Travis Welch pled guilty to two separate offenses of the unlawful breaking and entering of a vehicle in violation of Alabama Code 1975, § 13A-8-11. Sentence was a two-year concurrent sentence in each case.
On appeal, the only contention is that Welch was "denied a full and fair appellate review due to the lack of a complete transcript of the proceedings at his sentence and probation hearing."
The sentence and probation hearing was reported. Contained in the record of that proceeding is the notation "(OFF THE RECORD DISCUSSION)." Appellate counsel states that "the Court's off the record discussion contains testimony which is invaluable to the defendant for the preparation of his appeal in the case." There is no allegation of the substance of this testimony. An appellant Harris v. State, 420 So.2d 812, 816 (Ala.Cr.App.1982) (citations omitted). This is not the situation where there was no court reporter present. White v. State, 403 So.2d 287 (Ala.Cr.App.), cert. denied, Ex parte White, 403 So.2d 292 (Ala.1981). Rule 10(f), Alabama Rules of Appellate Procedure, "specifically authorizes the correction of an omission from the record." Pope v. State, 387 So.2d 300, 301 (Ala.Cr.App.1980). See also Weaver v. State, 401 So.2d 344 (Ala.Cr.App.1981). Since this rule has not been invoked to supply the complained of omission, there is nothing for this Court to review.
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
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...a record on appeal, see Rule 10(g), Ala.R.App.P. See, e.g., Fuller v. State, 472 So.2d 452 (Ala.Crim.App. 1985), and Welch v. State, 455 So.2d 299 (Ala.Crim.App.1984), both of which held that the failure to follow the procedure established in Rule 10 precludes appellate review of matters no......
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...in the record. Normally, the burden is on the appellant to place before this Court a complete and accurate record. See Welch v. State, 455 So.2d 299 (Ala.Cr.App.1984); Weaver v. State, 401 So.2d 344 (Ala.Cr.App.1981). In this particular situation, however, the State voluntarily assumed the ......
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