State v. Sima
This text of 570 P.2d 1333 (State v. Sima) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
*644 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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Cite This Page — Counsel Stack
570 P.2d 1333, 98 Idaho 643, 1977 Ida. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sima-idaho-1977.