Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of assault?

California, United States of America

The following excerpt is from People v. Cardenas, C082029 (Cal. App. 2017):

Even if defendant is correct that the trial court was mistaken on the law (a point we need not decide), his contention fails because he cannot show prejudice. "Absent structural error, it is the well-established California rule in both civil and criminal appeals that the judgment is presumed correct, and a record silent on a point cannot overcome this presumption. [Citations.] As a result, it is not enough for an appellant to identify an error in the proceedings in the trial court without affirmatively establishing 'how the error caused a miscarriage of justice.' [Citation.]" (People v. Singh (2015) 234 Cal.App.4th 1319, 1330.)

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