Opinion by
¶ 1 Defendant, Jaime Nolan Duran, appeals the order denying his Crim. P. 35(c) motion for postconviction relief. We affirm.
I. Background
¶2 Duran was convicted of kidnapping, sexual assault, menacing, stalking, and violation of a protective order. The trial court sеntenced him to life imprisonment in the custody of the Department of Corrections. A division of this court affirmed Duran’s conviction on direct appeal.
People v. Duran,
¶ 3 Duran filed a Crim. P. 35(a) motion and a second motion under Crim. P. 35(e). The trial court denied Duran’s postconviction motions in separate orders. A division of this court affirmed both orders on appeal.
People v. Duran,
¶ 4 Duran then filed the postconviction motion that is at issue here. Therein, he argued that he had received ineffective assistance of trial and appellate counsel. The court denied the motion without a hearing in a detailed written order, concluding that the motion and record shоwed that Duran was not entitled to relief.
¶ 5 Duran, through counsel, filed a timely notice of appeal. In that notice, Duran stated that, “[bjecause no evidentiary hearing was held, no transcripts need to be obtained or are otherwise applicable to the claims raised in this appeal.” In the designation of record, Duran specified that no transcripts should be included in the appellate record.
¶ 6 Duran contends that we should remand the case to the trial court for a hearing on his ineffective assistance of trial and appellate counsel claims. The People argue that, because the trial transcripts were not included in the record on appeal, we must assume they would suppоrt the court’s order and affirm. We agree with the People.
II. Record on Appeal
¶ 7 Duran maintains that he did not need to include trial transcripts as part of the record on appeal because he did not submit them to the trial court in connection with his *1239 motion. Instead, he argues that the record is complete for purposes of this appeal because “[t]he facts as alleged in Defendant’s motion ... are the trial court record.” We disagree.
¶.8 To prove ineffective assistance of counsel, Duran must show that counsel’s performаnce was deficient and that he. was prejudiced by counsel’s errors,
Strickland v. Washington,
¶ 9 A trial court may deny a Crim. P. 36(c) motion alleging ineffective assistance of counsel without conducting an evidentiary hearing where the motion, the files, and the record clearly establish that the defendant is not entitled to relief.
Ardolino v. People,
¶ 10 Whether a posteonviction motion states a claim for relief is generally a legal determination we review de novo.
See People v. Long,
¶ 11 A trial court’s rulings and judgments are presumed correct until the party attacking them affirmatively demonstrates they are not.
LePage v. People,
¶ 12 It is the appellant’s responsibility to designate the record on appeal, including those parts of the trial proceedings that are necessary for purposes of the appeal, and to ensure that the record is properly transmitted to an appellate court. C.A.R. 10(b), (c). If an appellant intends to urge on appeal that a finding or conclusion is unsupported by or contrary to the evidence, the appellant .must include in the record a transcript of all evidence relevant to such finding or conclusion. C.A.R. 10(b). A defendant’s brief must also contain citations to the record.
See
C.A.R. 28(e) (requiring record citations);
People v. Durapau,
¶ 13 Further, the presumption of regularity, in which appellate courts presume that the trial judge did not commit error absent an affirmative showing otherwise, is deeply rooted in our judicial system. Le-Page, ¶ 15. And, “as a practical matter, the presumption of regularity is necessary because an appellate court cannot intelligently review an alleged error if the circumstances in which it supposedly occurred cannot clearly be discerned from the record.” Id.
■ ¶ 14 Duran argues that the presumption of regularity and obligation to provide a record that bears upon the claimed errors does not apply because of the procеdural context of this case. Specifically; he notes that the postconviction court did not hold a hearing on his motion. He argues that a defendant filing a Crim. P. 35(c) motion is not required
*1240
to include evidentiary material in the motion, but only to assert facts that, if proved, would provide a basis for postconvietion relief.
See Moore v. People,
¶ 16 Additionally, Duran notes that he specifically omitted from his motion any page citations to the trial record. Instead, his motion “contains 61 singled-spaeed pages that include some excerpts from transcripts (without cites) along with Duran’s account of the relevant facts of the case, largely contained in the 21-page ‘Background’ section.” He asserts that the People stipulated to these' facts for purposes of determining whether he was éntitled to a hearing. He claims that his motiоn and the facts alleged therein “thus represent all that the district court could have relied upon in issuing its ruling.”
¶ 16 We disagree. In ruling on Duran’s motion, the trial court properly relied on its review of the trial record. The court stated in its order that “all of the alleged errors were a matter of record,” and that the “record does not support” defendant’s contentions, and noted within its order that it “review[ed] the entire record.” We agree with Duran that a defendant need not provide evidentiary support for his Grim. P. 35(c) motion. However, Duran’s argument ignores the trial court’s responsibility to determine whether a postconvietion motion states factual grounds that, if true, entitle the party to relief, “but the files and records of the case show to the satisfaction of the court that the factual allegations are untrue.” Crirn. P. 35(c)(3)(IV);
see People v. Montgomery,
¶ 17 Duran also argues that the People’s stipulation as to the facts was binding on thé trial court and a sufficient substitute for providing a complete record on appeal. However, we do not agree that the stipulation here was so broad, or that it foreclosed the trial court’s ability to review the entire record as set forth in Crim. P. 36(c)(3)(IV). Further, the People specifically asked that the court tаke judicial notice of its own file.
See, e.g., People v. Linares-Guzman,
¶ 18 Moreover, the parties did not stipulate to the contents of the record for purposes of appeal. Again, “[a] petitioner cannot overcome the lack of information in the record by statements in the briefs.”
Fendley v. People,
¶ 19 The presumption noted in Wells, that material portions omitted from the record would support the judgmеnt, is particularly appropriate here. Duran relies extensively on factual allegations that the trial transcript would support or refute and his brief is filled with references to and quotations from trial testimony. He simply omits page citatiоns and argues that our review should be limited to those portions of the record he chose to reproduce. See LePage, ¶ 21 (In evaluating a defendant’s arguments, an appellate court “cannot consider parts of the record in isolation.”).
¶ 20 We also reject Duran’s attempt to raise claims, or to provide support for his claims, by referencing or directing this court to review his trial court filings, or by incorporating such filings “by reference” into his appellate brief.
See
C.A.R. 57 (prohibiting incorporation by reference of briefs previously filed in the district court). Incorporating by reference or adopting by reference arguments from previous filings .is improper because it attempts to shift, from the litigant to the court, the task of locating and synthesizing the relevant facts and arguments.
Castillo v. Koppes-Conway,
¶ 21 Duran' also cites to
People v. Rediger,
¶ 22 For example, Duran’s first contention of error is that his trial counsel was ineffective for failing to present the jury with gunshot residue evidence. Duran argues that a key question at trial was whether he had a gun on the night in question. In its order denying the claim, the court observed that there was no сlaim that the gun had been discharged, and the absence of gunshot residue on Duran’s hands would not indicate that he did not handle a gun. Duran argues on appeal that the court’s finding was contradicted by the detective’s testimony at trial. However, Duran dоes did not include in the record on appeal the trial transcript that contains the detective’s testimony.
¶ 23 Similarly, Duran argued that his trial counsel erroneously waived his presence in court at critical stages of the ease. However, the court concluded that the record did not support this claim. Again, insofar as the trial transcripts and other records are not before us, we must presume that the court’s conclusions were correct.
¶24 As the People contend, each of Duran’s claims relies, at least in part, on allegations concerning events that occurred or evidence that was presented (or not presented) at trial. Thus, because Duran failed to designate trial transcripts, we must affirm the trial court’s order rejecting these claims.
¶ 25 Finally, we reject, Duran’s argument that the trial Court did.not actually review the record -in ruling, on his claims. As noted above,, the court’s qrder indicates that it reviewed the record in evaluating Duran’s motion. Absent proof to the contrary, again, we presume the regularity of proceedings and the accuracy of the court’s own representations in its order.'
III, Conclusion
¶ 26 The order is affirmed.
