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City of Coquille v. Schafer

July 16, 1973

CITY OF COQUILLE, RESPONDENT,
v.
SCHAFER, APPELLANT



Appeal from Circuit Court, Coos County. James A. Norman, Judge. No. 7823.

Franklin Marion Schafer, Coquille, pro se, appellant.

No appearance by respondent.

Schwab, Chief Judge, and Langtry and Foley, Judges.

Per Curiam

The defendant was convicted in the municipal

court of the city of Coquille of attempting to elude a police officer. Upon appeal he was also convicted of the same charge in the Coos County Circuit Court, after a trial by the court in each instance.

The defendant gave notice of appeal to this court from the circuit court judgment but made no designation of record so that there is no transcript of evidence and the only record before us is the trial court file. ORS 19.074. Defendant filed a "brief" in propria persona.

In the absence of a transcript of the evidence, the case presents no issue other than the sufficiency of the uniform traffic citation to support the conviction. State v. Lemon, 251 Or 606, 447 P2d 394, cert denied 393 U.S. 1004 (1968). The uniform traffic citation complies with ORS 484.170*fn1 and is sufficient to charge the crime of attempting to elude a police officer, of which defendant was convicted, and the judgment must be affirmed.

Affirmed.

Disposition

Affirme ...


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