State v. Y. B.

"Ordinarily, it is the appellant’s burden to 'furnish a sufficient record to demonstrate that the trial court []' erred." State v. Lavert, 164 Or App 280, 283, 991 P2d 1067 (1999). "And '[t]he burden of creating and providing a record rests with the party seeking to alter the decision.'” Foust v. American Standard Ins. Co., 189 Or App 125, 134 n 8, 74 P3d 1111 (2003).

Appellant appealed a judgment of commitment and a firearms-prohibition order under ORS 426.130(1)(a)(C) and (D). Appellant assigned error to the trial court’s failure to comply with ORS 426.100(1). On appeal, Appellant argued that "the circuit court did not directly advise [him] of the rights or information contained in ORS 426.100(1)(a-e)." Additionally, Appellant argued that the "circuit court" failed to "conduct an examination to determine valid waiver of the rights." In response, the State argued the record did not establish the trial court plainly erred because, due to a gap in the record, there was a possibility the trial court might have complied with ORS 426.100(1). "Ordinarily, it is the appellant’s burden to 'furnish a sufficient record to demonstrate that the trial court []' erred." State v. Lavert, 164 Or App 280, 283, 991 P2d 1067 (1999). "And '[t]he burden of creating and providing a record rests with the party seeking to alter the decision.'” Foust v. American Standard Ins. Co., 189 Or App 125, 134 n 8, 74 P3d 1111 (2003). The Court held that Appellant did not meet his burden in establishing the trial court "reversibly erred" because he failed to provide a record of the direct interaction that took place between him and the trial court, despite having the procedural mechanisms available that would allow him to do so.

Affirmed.