# Com. v. Brown, K. > Superior Court of Pennsylvania · March 27, 2018 URL: https://www.frixlaw.com/law-library/cases/4258548 ## Case - **Court:** Superior Court of Pennsylvania - **Decided:** March 27, 2018 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4258548 ## Opinion text J-S76013-17 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF : IN THE SUPERIOR COURT OF PENNSYLVANIA : PENNSYLVANIA : : v. : : : KELVIN D. BROWN : : No. 3309 EDA 2016 Appellant : Appeal from the Judgment of Sentence October 4, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0000355-2010 CP-51-CR-0001513-2010 CP-51-CR-0001514-2010 BEFORE: PANELLA, J., STABILE, J., and PLATT*, J. JUDGMENT ORDER BY PANELLA, J. FILED MARCH 27, 2018 Appellant raises four issues on appeal. See Appellant’s Brief, at 7. He addresses all four in just 4½ pages of argument. In the entire brief, there is not a single citation to the notes of testimony from either the trial or sentencing. Apart from the woefully deficient legal arguments supporting each issue, there is a glaring problem with our ability to review these issues—the trial transcripts (from the multi-day trial) and the sentencing transcript are not in the certified record. It is an appellant’s responsibility to ensure the certified record contains all the items necessary to review his claims. See, e.g., Commonwealth v. Tucker, 143 A.3d 955, 963 n.3 (Pa. Super. 2016). The Rules of Appellate ____________________________________ * Retired Senior Judge assigned to the Superior Court. J-S76013-17 Procedure mandate this. See Pa.R.A.P. 1911(a) (mandating that an “appellant shall request any transcript required”). And Rule 1911 even provides a suggested form for an appellant to use. See id., at (c). Furthermore, the Court of Common Pleas of Philadelphia County had a local rule of judicial administration that, at the time Appellant filed his notice of appeal, provided an appellant must request a transcript using a “Transcript Order Form.” See Phila. R.J.A. No. 5000.5(a).1 When a litigant is requesting the transcript for the purpose of an appeal, the form must be filed with the trial court as well as with the Prothonotary of the appropriate appellate court. See id., at (c)(1),(2)(i, x). See also The Philadelphia Courts, Court Reporter and Interpreter Services, https://www.courts.phila.gov/departments/courtreporters.asp (last visited 3/6/18). Regarding missing transcripts, this Court has stated that it “is not proper for … the Superior Court to order transcripts nor is it the responsibility of the appellate courts to obtain the necessary transcripts.” Commonwealth v. Preston, 904 A.2d 1, 7 (Pa. Super. 2006) (en banc). And “any claims that cannot be resolved in the absence of the necessary transcript or transcripts must be deemed waived for the purpose of appellate review.” Id. (citation omitted). See also Commonwealth v. Petroll, 696 A.2d 817, 836 (Pa. ____________________________________________ 1 The applicable rule has since been revised and renumbered, effective January 6, 2018. See Phila. R.J.A. No. 4007. Requests for Transcripts. -2- J-S76013-17 Super. 1997) (“When a claim is dependent on materials not provided in the certified record, that claim is considered waived.”) There is no indication in the certified record that Appellant2 made any effort to comply with Rule 1911 or the requirements imposed by the local rule.3 And there is no indication in the docket sheets that the transcripts were ever filed of record. Accordingly, we find Appellant’s issues waived. Judgment of sentence affirmed. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 3/27/18 ____________________________________________ 2The trial court appointed Robert J. Dixon, Esquire, to represent Appellant on appeal. 3In his notice of appeal, Appellant includes the statement “Notice of Appeal and Proof of service to be served on the following: … COURT STENOGRAPHER, 100 South Broad Street, 2nd Floor, Phila., PA 19110[.]” This is insufficient to establish compliance with the applicable rules. -3- --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4258548. Public record. Not legal advice.