Can a defendant appeal against a finding that the prosecution failed to prove that defendant had been represented by counsel?

California, United States of America

The following excerpt is from People v. Sunday, 275 Cal.App.2d 473, 79 Cal.Rptr. 752 (Cal. App. 1969):

Defendant's argument that the trial court erred in its ruling because the prosecution failed to prove that defendant had been represented by counsel must be rejected. As People v. Coffey, 67 Cal.2d 204, 217--218, 60 Cal.Rptr. 457, 430 P.2d 15, points out, the burden of proof lies with defendant to show that he was not represented. Since defendant produced no evidence to this effect, the trial court could properly rule that the convictions were admissible.

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