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State v. Ball4/6/2005
e grounds to believe that he was under the influence of alcohol. A minute entry appears in the record stating that the motion for new trial was overruled on January 30, 2004. No transcript of the new-trial motion hearing is included in the record; likewise no written order appears.
Accordingly, we are of the opinion that the defendant has waived appellate consideration of this issue on two grounds. First, " party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error." Tenn. R. App. P. 36(a), Advisory Commission Cmts. Second, it is well settled that when a party seeks appellate review, there is a duty to prepare a record which conveys a fair, accurate and complete account of what transpired with respect to the issues forming the basis of the appeal. See State v. Ballard, 855 S.W.2d 557, 561 (Tenn. 1993) (holding failure to include transcript precludes appellate review); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983); State v. Oody, 823 S.W.2d 554, 559 (Tenn. Crim. App. 1991) (holding trial court's ruling presumed correct in the absence of an adequate record on appeal). Where the record is incomplete and does not contain a transcript of the proceedings relevant to an issue presented for review, or portions of the record upon which the party relies, an appellate court is precluded from considering the issue. See State v. Roberts, 755 S.W.2d 833, 836 (Tenn. Crim. App. 1988). Absent the necessary relevant material in the record, we decline to consider the merits of this issue. See Tenn. R. App. P. 24(b).
IV. Conclusion
Accordingly, for the foregoing reasons, we affirm the judgment of the trial court.
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