How do we review the record on appeal for an appeal against an allegation of an attempted criminal threat?

California, United States of America


The following excerpt is from People v. Oliveira, D071497 (Cal. App. 2018):

2. We review the record and present the evidence in a light most favorable to the judgment. (People v. Toledo (2001) 26 Cal.4th 221, 225 (Toledo) [attempted criminal threat].) The record on appeal does not include any of the trial exhibits. The trial court reports that it no longer has the exhibits, and our requests to appellate counsel for copies of the exhibits have gone unanswered. Thus, we base nothing in this opinion on the 25 exhibits that were admitted into evidence during the trial.

3. Although their relationship later changed, at this point in time Daughter and Friend were merely friends.

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