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State v. Shugard2/24/2004
tances regarding the destruction of the tape, the Defendant and State's briefs on the issue of lost evidence and the Magistrate's written decision.
The issue on appeal is whether the Magistrate erred as a matter of law in its application of Deberry, Supra., to the facts argued in the parties' briefs. In short, is the record presented sufficient to give the appellate Court a fair and accurate account of the context in which the claim of error occurred? (Slater v. State, 606 A.2d 1334(Del Supr., Holland J. (1992).
The Court holds that the record is sufficient to review the claimed error. After reviewing the briefs submitted to the Magistrate and the Magistrate's written ruling, the lack of a typewritten transcript of the legal arguments verbally presented to the Court on May 13, 2003 are not critical for appellate review. Both parties agree that there was no request for testimony by the officer once the State's proffer was made. Arguments presented by both parties in briefing below utilize the fact pattern proffered by the State in forming their argument for suppression. Since the conduct of the parties below demonstrate that there was no real question of fact at issue, the Magistrate's utilization of the stipulated facts in his written decision was appropriate.
Since the record below gives this Court an accurate account in which the claim of legal error occurred, appellate review may be conducted.
IT IS SO ORDERED.
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