State v. Lewis

This court continues to use a strange standard for disposition of a case involving an omitted ordinance, namely:

When an ordinance charging an offense is not properly made a part of the record, an appellate court presumes the existence of a valid ordinance creating the offense charged .... In the absence from the record of the applicable municipal ordinance, an appellate court presumes that the evidence sustains the findings of the trial court and that a sentence is within the limits set out in the applicable ordinance.

*644The preceding incantation is used to pull no fewer than two “presumptions”…