Section 29.11 Appellate Record

• Library: Criminal Practice 2012 Supp

V. (§29.11) Appellate Record

Because it is not a trial court, the appellate court must make its decision based on the transcript and record in the trial court as supplemented by the briefs and oral arguments of counsel. For this reason, it is extremely important that a transcript and legal file be properly completed and filed with the court. The court must take the record as it finds it, and it cannot speculate or guess on matters that are not before it. State v. Cantrell, 403 S.W.2d 647 (Mo. 1966); City of Hannibal v. Winchester,
360 S.W.2d 371 (Mo. App. E.D. 1962); Garrett v. State, 486 S.W.2d 272 (Mo. 1972).

Rule 30.04 requires that every appellant file a record on appeal with the appellate court involved. It is the duty of the appellant to ensure that all of the necessary documentation has been filed with the court. State v. Cotton, 32 S.W.3d 577, 579 (Mo. App. W.D. 2000) (it is the appellant’s responsibility to provide the requisite record on appeal, which includes the transcript of the hearing from which the appellant appeals; if the appellant fails to provide the transcript, the appeals court must dismiss the appeal). For example, if the appeal contains a question concerning search and seizure, the record on appeal must contain a copy of the motion to suppress, the transcript of the evidentiary...