State v. Johnson

Citations

• 2019 Ohio 287

Syllabus

APPELLATE REVIEW/CRIMINAL: Appellate review is strictly limited to the record on appeal which consists of three categories of documents identified in App.R. 9: the original papers and exhibits thereto filed in the trial court the transcript of proceedings, if any, including exhibits and a certified copy of the docket and journal entries prepared by the clerk of the trial court. The appellant bears the burden of identifying in the record the error on which an assignment of error is based when an appellant relies upon facts shown in a transcript of proceedings, that duty includes the obligation to order a transcript of any proceedings he considers necessary for inclusion in the record, and to ensure that the transcript of the proceedings is filed with the clerk of the trial court under App.R. 10(A). When an appellant has failed in his duty to ensure that the record on appeal includes the items necessary to the resolution of the assigned errors, the reviewing court presumes the regularity of the lower court's proceedings. A reviewing court cannot rely on matters raised in briefs, or attached thereto, but not supported in the record, to resolve assignments of error. When the record on appeal is silent as to what transpired in the juvenile court and does not reflect any claimed defect in the adult court's subject-matter jurisdiction, a reviewing court cannot sustain the appellant's assignments of error challenging that jurisdiction. When an appellant has failed to ensure that the record on appeal contains transcripts of the evidentiary hearings before the juvenile court, or the juvenile court's rulings on those evidentiary matters, including whether there was probable cause to believe that the appellant had used a firearm to commit aggravated robbery, whether other offenses at issue arose from a common nucleus of operative facts with the firearm offense, whether the appellant was amenable to rehabilitation as a juvenile, and the juvenile court's entries actually transfer