Is Castellano's claim that the trial judge misapplied the standard of proof in his case?
California, United States of America
The following excerpt is from People v. Castellano, 140 Cal.App.3d 608, 189 Cal.Rptr. 692 (Cal. App. 1983):
[140 Cal.App.3d 612] Castellano contends the trial judge misapplied the standard of proof requiring proof of use of a gun beyond a reasonable doubt. Evidence Code section 664 provides "[i]t is presumed that official duty has been regularly performed." This rule encompasses a presumption the trial court applied the proper burden of proof. (Ross v. Superior Court (1977) 19 Cal.3d 899, 141 Cal.Rptr. 133, 569 P.2d 727.)
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