Neilson

This case was certified by the Appellate Division of the Superior Court of Los Angeles County for transfer to this court pursuant to rule 8.1005 of the California Rules of Court. The issue before us is whether a litigant who fails to provide an adequate record on appeal must be given the opportunity under Government Code section 68081 to brief the issue of whether the judgment should be affirmed for that failure, on the theory that a decision to affirm for that reason would be based on an issue not proposed or briefed by the parties.

We hold that section 68081 has no application under these circumstances and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Norman Lee Neilson was convicted of violating Vehicle Code section 21460, subdivision (a), driving to the left of double solid lines, an infraction. He appealed his conviction to the appellate department of the superior court and in his brief contended that (1) he had been subjected to vehicle profiling; (2) there was a possibility that he had been retaliated against for having filed lawsuits against the “City of California City”; and (3) the evidence was insufficient to support the judgment. The People had not…