Opinion
PER CURIAMOn June 3, 1987, Frederick Williams, Jr. was convicted by a jury of attempted capital murder, attempted abduction, grand larceny, and use of a firearm during the commission of attempted capital murder. Williams filed a timely notice of appeal on July 2, 1987; however, the trial transcripts were not filed in the circuit court clerk’s office within sixty days of the entry of judgment as mandated by Rule SA^a).1 The issue we address here is whether an order entered by the trial court prospectively purporting to make the transcript a part of the record constituted compliance with Rule 5A:8(a). We find that it did not and that the transcripts were thus filed late. Since we further find that the issues raised in the petition for appeal cannot be decided without reference to the transcripts we must dismiss the petition.
The trial court entered final judgment in this case on June 3, 1987. Williams then had sixty days from that date, until August 2, 1987, to either file the trial transcripts or seek an extension from the trial court. He did neither. Instead, the trial tran*518scripts were not filed until October 7 and 15, respectively. Although there was no request for an extension of time, the record contains an order dated July 6, 1987, which states: “[T]he clerk is ordered to have the record transcribed free of charge and such transcript is hereby made a part of the record.’’'’ (emphasis added).
The transcripts’ filing dates were well beyond the deadline imposed by Rule 5A:8(a). Williams contends, however, that the trial court’s July 6 order, in effect, made the transcripts a part of the record on that date even though they had not yet been prepared and would not actually be filed for several more weeks. We disagree.
Rule 5A:8(a) provides the exclusive method by which a transcript can be made a part of the record on appeal. Pursuant to that Rule, the transcript must be timely filed in the circuit court clerk’s office. While the Rule allows the trial court to grant an extension for good cause shown, it does not authorize an open-ended suspension of the deadline or provide that a transcript may be deemed a part of the record before it is prepared and filed. Thus, the July 6 order was not a valid exercise of the trial court’s authority under Rule 5A:8(a) to extend the deadline for filing the transcripts.
Further, it appears that the July 6 order was never intended to extend the deadline. The main purpose of the order was to appoint appellate counsel and to provide for a free transcription of the record. There was no prior request for an extension or showing of good cause.
The language relied upon by Williams appears to be an attempt to comply with former Rule 5:9(a). Pursuant to that Rule, a transcript was made a part of the record when the trial court so directed in the final judgment or by order entered before or within twenty-one days after entry of final judgment. See Towler v. Commonwealth, 216 Va. 533, 221 S.E.2d 119 (1976). That provision is no longer a part of the Rules of the Supreme Court and was never a part of the Rules of the Court of Appeals.2
*519Finally, we note in this regard that the trial court entered an order on June 1, 1988, purporting to grant an extension of the filing deadline nunc pro tunc as of July 6, 1987. This order has no effect. As we stated in Holley v. City of Newport News, 6 Va. App. 567, 370 S.E.2d 320 (1988): “An order entered nunc pro tunc cannot create a fiction that an act not yet performed has already occurred. Rather, the power of the trial court to amend by nunc pro tunc order is restricted to placing upon the record evidence of judicial action which has already been taken, but was earlier omitted or misstated in the record.” 6 Va. App. at 568, 370 S.E.2d at 321 (citation omitted). We find nothing in the present record to indicate that the trial court actually granted an extension on July 6, 1987. Accordingly, the nunc pro tunc order attempting to establish an extension as of that date is invalid.
Having determined that the transcripts were not made a part of the record, we must now determine whether the issues raised in the petition for appeal can be decided without the transcripts. If the record on appeal is sufficient in the absence of the transcript to determine the merits of the issues on appeal, the court is free to hear and resolve the case. Turner v. Commonwealth, 2 Va. App. 96, 99, 341 S.E.2d 400, 402 (1986).
Williams raises three issues in his petition for appeal: (1) whether the evidence of grand larceny was sufficient; (2) whether the evidence of attempted capital murder was sufficient; and (3) whether the trial court erred in refusing to allow a poll of the jurors, individually, to determine if they were influenced by Williams’ “violent outburst” during the prosecutor’s closing argument.
It is clear that none of these issues can be resolved without reference to the trial transcripts. Since the transcripts were not properly made a part of the record, the petition for appeal must be dismissed.
Dismissed.
*520Baker, J., Barrow, J., Cole, J., Coleman, J., Hodges, J., Keenan, J., and Moon, J., concurred.
Rule 5A:8(a) provides:
The transcript of any proceeding is a part of the record when it is filed in the office of the clerk of the trial court within 60 days after the entry of judgment. The judge of the trial court may extend the time for good cause shown.
We note that Felony Form Order No. 9 in the Handbook for Judges and Clerks contains a phrase identical to the one at issue here. Specifically, the form states: “The clerk is ordered to have the record transcribed (free of charge) and such transcript is hereby made a part of the record.” The form cites Rule 5:9(a) and Code § 19.2-165 as authority.
*519To the extent that the form is based on the former version of Rule 5:9(a), which dealt with the record on appeal, it is outdated and should no longer be used. The proper method for filing a transcript in an appeal to this court is found in Rule 5A:8(a) and the proper method for filing a transcript in an appeal to the Supreme Court is found in Rule 5:11(a).