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Incomplete record means no review

State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity

The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal:

¶4        It would have been nice had Storm provided us with the transcripts of those hearings [to which the circuit court’s written decision referred] so that we could see for ourselves what happened which resulted in the stipulation. But he did not. The law is that, when we are not provided with transcripts, we must assume that they would support the trial court’s finding. Fiumefreddo v. McLean, 174 Wis. 2d 10, 26-27, 496 N.W.2d 226 (Ct. App. 1993) (“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 court’s ruling”). Because we make that assumption, no further discussion need be made. …

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