What is the burden of proving error in a motion for sexual assault?
California, United States of America
The following excerpt is from People v. Garcia, E067607 (Cal. App. 2018):
trial court is presumed to have been aware of and followed the applicable law." [Citations.]' [Citation.]" (People v. Brown (2007) 147 Cal.App.4th 1213, 1228-1229.) "[I]t is the appellant's burden to affirmatively demonstrate error. [Citation.]" (People v. Cardenas (2015) 239 Cal.App.4th 220, 227.)
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