Is a defendant entitled to an appellate record adequate to permit meaningful appellate review?

California, United States of America


The following excerpt is from The People v. Green, A125202, No. CR144176 (Cal. App. 2010):

A defendant in a criminal matter is entitled to an appellate record adequate to permit " 'meaningful appellate review.' " (People v. Seaton (2001) 26 Cal.4th 598, 699.) "If a record can be 'prepared in such a manner as to enable the court to pass upon the questions sought to be raised, ' then there is no rational likelihood or legally cognizable possibility of injustice to the appealing defendant even though a verbatim record certified by the official court reporter cannot be supplied. [Citation.] 'Inconsequential inaccuracies or omissions in a record cannot prejudice a party; if in truth there does exist some consequential inaccuracy or omission, the appellant must show what it is and why it is consequential.' " (People v. Fuentes (1955) 132 Cal.App.2d 484, 488; People v. Chessman (1950) 35 Cal.2d 455-460; People v. Freeman (1994) 8 Cal.4th 450, 509 ["defendant 'bears the burden of demonstrating that the appellate record is not adequate to permit meaningful appellate review' "].)

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