State Ex Rel. Department of Corrections v. Pena

I respectfully dissent. Although the dismissal of an appeal is obviously a severe sanction, I cannot say that the court of appeals abused its discretion in this case.

The Colorado Appellate Rules place the responsibility on the appellant to take such actions as are necessary to file the record with the appellate court. C.A.R. 10(b) not only requires the appellant to file with the trial court a designation of the portions of the record that the appellant desires to be included in the appellate record, but also requires the appellant to “order from the reporter a transcript of such parts of the…