Does the presumption that defense counsel objected to a motion for a mistrial after the trial has begun?

Nor has defendant cited any evidence to overcome the presumption.² Unlike one of the additional cases cited by defendant, People v. Lozano (1987) 192 Cal.App.3d 618, 623-624, where defense counsel objected both upon being notified of the court's intended response to the jury's question and on the record after the jury returned its verdict and was dismissed, the record here contains no indication defense counsel objected when he was notified, or that he subsequently placed any objection on the record. He also did not move for a mistrial. "'The failure of defendant's counsel to object or move for a mistrial upon the court frankly informing him of the court's action might also be construed to be a tacit approval. Approval of the court's action, even though it might have been a technical violation of section 1138 . . . , cures any possible

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