COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68318
CITY OF MAYFIELD HEIGHTS      :
                              :      ACCELERATED CASE
        Plaintiff-Appellee    :
                              :       JOURNAL ENTRY
     -vs-                     :             AND
                              :           OPINION
JERRY CYNCYNATUS              :
                              :         PER CURIAM
        Defendant-Appellant   :
                              :
DATE OF ANNOUNCEMENT
  OF DECISION:                JUNE 15, 1995        
CHARACTER OF PROCEEDING:      CRIMINAL APPEAL FROM 
                              THE LYNDHURST MUNICIPAL COURT
                              CASE NO. 94-CRB-00194 
JUDGMENT:                     AFFIRMED.
DATE OF JOURNALIZATION:                           
APPEARANCES:
For Plaintiff-Appellee:       GEORGE J. ARGIE (#0034219)
                              DOMINIC J. VITANTONIO (#0052058)
                              Argie & Associates
                              6571 Wilson Mills Road
                              Mayfield Village, Ohio  44143-3404
For Defendant-Appellant:      THOMAS P. ALDRICH, III (#0042451)
                              1060 Greyton Road
                              Cleveland, Ohio 44112
                               - 2 -                                           2
PER CURIAM:  
     Defendant-appellant Jerry Cyncynatus ("appellant") appeals his
conviction for disorderly conduct.  
     Appellant assigns the following errors upon appeal:
     I.   THE  TRIAL COURT ERRED IN PLACING MORE CREDENCE
          IN   THE   COMPLAINANTS'   TESTIMONY  THAN   IN
          APPELLANT'S.  
     II.  THE TRIAL  COURT  ERRED  IN  FINDING  APPELLANT
          GUILTY OF DISORDERLY CONDUCT AFTER HE WAS FOUND
          NOT GUILTY OF ASSAULT.  
     III. THE  TRIAL  COURT  ERRED IN  FINDING  APPELLANT
          GUILTY WHEN  HIS ACTIONS  WERE JUSTIFIED  UNDER
          OHIO LAW.  
The judgment of the trial court is affirmed.  
                                 I.
     Appellant was charged  with assault after an  altercation with
customers in his  store.  A bench  trial was held in  the Lyndhurst
Municipal Court.   Appellant was  convicted of the  lesser included
offense  of  disorderly conduct  in  violation of  Mayfield Heights
Codified  Ordinance Section 547.04.   Appellant was fined $150 plus
costs.   
                                II.
     Appellant's  three assignments  of  error  will  be  addressed
together.   In  his argument,  appellant  relies on  testimony  and
evidence admitted  during trial.   There  is no  transcript of  the
proceedings, statement of the evidence, or agreed statement of  the
case before this court.  See App.R. 9(B), (C), and (D).    
                               - 3 -                                           3
     It is the appellant's burden to  provide an adequate record to
this court demonstrating the claimed error.  Baker v. Cuyahoga Cty.
Court of Common Pleas (1989), 61 Ohio App.3d 59, 62.  The appellant
must show error  by reference to matters  in the record.   Knapp v.
Edwards Laboratories (1980), 61 Ohio St.2d 197, 199.  
          When portions  of the transcript  necessary for
          resolution of assigned errors  are omitted from
          the record, the reviewing  court has nothing to
          pass  upon  and  thus,  as  to  those  assigned
          errors, the court has no  choice but to presume
          the validity of the lower court's  proceedings,
          and affirm.  
Id.  
     Because  there  is  no record  before  this  court upon  which
appellant's appeal can be evaluated,  the trial court's proceedings
are presumed regular and valid.   We must affirm the conviction.   
     Appellant's first, second, and third  assignments of error are
overruled.  
     Judgment affirmed.
                               - 4 -                                           4
     This cause is affirmed.
     It is ordered  that appellee  recover of  appellant its  costs
herein taxed.  
     The Court finds there were reasonable grounds for this appeal.
     It  is ordered that a special  mandate issue out of this Court
directing the Lyndhurst Municipal Court to carry this judgment into
execution.  The  defendant's conviction  having been affirmed,  any
bail pending  appeal is  terminated.   Case remanded  to the  trial
court for execution of sentence.  
     A certified  copy of this  entry shall constitute  the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.  
                                   JOHN T. PATTON, PRESIDING JUDGE 
                                   LEO M. SPELLACY, JUDGE
                                   DIANE KARPINSKI, JUDGE
N.B.  This  entry is made  pursuant to the  third sentence of  Rule
22(D), Ohio Rules of Appellate Procedure.   This is an announcement
of  decision (see Rule  26).  Ten  (10) days from  the date hereof,
this document will  be stamped to indicate journalization, at which
.