City of Jamestown v. BakerNo. 20070220

Per Curiam.

[¶1] Dana Baker appeals a district court criminal judgment convicting him of theft. Baker argues on appeal that he lacked the criminal intent requisite for a theft conviction. Baker did not file a transcript with this Court on appeal. Rule 10(b), N.D.R.App.P., requires an appellant to file a transcript with this Court. "A party's failure to provide a transcript of the proceedings in the district court may prevent the party from prevailing on appeal." State v. Skarsgard, 2007 ND 160, ¶ 6, 739 N.W.2d 786. "We will not review an issue if the record on appeal does not allow for a meaningful and intelligent review of the district court's alleged error." Id. Without the trial transcript in this case, we cannot conduct a meaningful and intelligent review of the error alleged by Baker. We, therefore, affirm under N.D.R.App.P. 35.1(a)(7).

[¶2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner