What is the burden of proving an individual as a sexually violent predator in an appeal?

California, United States of America


The following excerpt is from People v. Raker, B299718 (Cal. App. 2020):

However, "[p]roceedings to commit an individual as a sexually violent predator in order to protect the public are civil in nature." (People v. Allen (2008) 44 Cal.4th 843, 860.) Even if we were to assume without deciding that appellant shares this constitutional and statutory entitlement to an adequate record, "[t]he record on appeal is inadequate . . . only if the complained-of deficiency is prejudicial to the defendant's ability to prosecute his appeal." (People v. Alvarez, supra, 14 Cal.4th at p. 196, fn. 8.) "It is the defendant's burden to show prejudice of this sort." (Ibid.)

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