State v. Buescher

Constitutional considerations compel comment on the majority’s creation of presumptions to dispose of appeals involving violations of municipal ordinances that are omitted from records presented for appellate review.

As reflected in the majority’s opinion, in reviewing convictions for violations of ordinances, this court rejects appellate judicial notice of a subject ordinance which has been omitted from evidence in a trial court, and presumes or “assumes that a valid ordinance creating the offense charged exists [and] that the evidence sustains the findings of the trial court . . . .”…