State v. Hundzsa, 2008-P-0012 (9-26-2008)

{¶ 58} I respectfully dissent.

{¶ 59} The majority cites to a portion of App. R. 9(B) and contends that in order to review Mr. Hundzsa's assignments of error, he was required to supplement the record with a transcript of the sentencing hearing. Thus, the majority holds that this court has no choice but to presume the regularity of the proceedings below and affirm. I disagree.

{¶ 60} App. R. 9(B) states in its entirety:

{¶ 61} "(B) The transcript of proceedings; duty of appellant to order;notice to appellee if partial transcript is ordered.

{¶ 62} "At the time of filing the notice of appeal the…