570 P.2d 1333 | Idaho | 1977
STATE of Idaho, Plaintiff-Respondent,
v.
Francis SIMA, Defendant-Appellant.
Supreme Court of Idaho.
Francis Sima, pro se.
Wayne L. Kidwell, Atty. Gen., James F. Kile, Asst. Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.
PER CURIAM.
This is an appeal from Francis Sima's conviction for violation of I.C. § 18-6710, making repeated anonymous telephone calls with the intent to annoy. We affirm. Appellant was charged with the offense and tried before a magistrate sitting without a jury. He was found guilty, convicted and sentenced to a suspended ten day sentence and the payment of a $50.00 fine. On appeal to the district court that conviction was affirmed.
*1334 Other than the alleged facts set forth in appellant's brief, we are without a record since appellant has failed to provide a reporter's transcript. Upon appeal, appellant carries the burden of presenting such a record as to enable our review of the asserted errors. In the absence thereof we will not presume error. State v. Peterson, 87 Idaho 147, 391 P.2d 846 (1964). A litigant appearing pro se is held to the same standards and rules as one appearing with counsel. Scafco v. Rigby & Mason, 98 Idaho 432, 566 P.2d 381 (No. 12251, June 27, 1977).
The conviction is affirmed.
