California, United States of America
The following excerpt is from People v. Silvey, A143087 (Cal. App. 2016):
request, via testimony, declaration, documentation or other evidentiary support, that she made such payments. Instead, she refers on appeal only to certain preliminary hearing testimony, and does not establish that this testimony was in the record of the proceedings that led up to the court's issuance of its July 25, 2014 restitution order. To the contrary, in that ruling, the trial court found regarding the relevant restitution amounts ordered that defendant and prosecution had agreed to defendant paying, or that defendant had acknowledged owing, these amounts. Defendant does not challenge this finding in her appellate claim. "On appeal, we presume the judgment is correct and we will not reverse unless the appellant establishes error occurred and that the error was prejudicial. [Citation.] When a challenge to the sufficiency of the evidence is made, the appellant bears the burden of setting forth a fair and accurate statement of the facts. [Citation.] It is not sufficient to assert there was error; the appellant must support his claim by citations to the record." (People v. Mays (2007) 148 Cal.App.4th 13, 33-34.) Because defendant has not met her burden of establishing the court erred in its findings, we affirm this aspect of the court's order.
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