(Download) "State v. Mark" by State of Wisconsin in Court of Appeals District II " Book PDF Kindle ePub Free
eBook details
- Title: State v. Mark
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 06, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1 Jonathon M. Mark appeals an order denying relief from having to repay Fond du Lac County for fees of appointed counsel relating to an operating while intoxicated--fourth offense prosecution. He alleges impecuniosity by reason of a burglar who stole his money, a theft and general hardship. There was a hearing which resulted in a reduction of payment schedule but we do not have a transcript. The law has long been clear that when this court does not have a copy of the transcript, the record is incomplete and when an appellate record is incomplete in connection with an issue raised by the appellant, we must assume that the missing material supports the trial courts ruling. See State Bank of Hartland v. Arndt, 129 Wis. 2d 411, 423, 385 N.W.2d 219 (Ct. App. 1986). Too, we have no way of knowing whether his claims of burglary, theft and hardship are true since we do not know if his assertions of fact were tested by a fact-finder at the circuit court level. We cannot consider them. Based on the record before us, the circuit courts discretionary decision to deny the requested relief is affirmed.
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