What is the burden of proving that a judgment or order of the lower court is presumed correct on appeal?

California, United States of America


The following excerpt is from People v. Cotto, E071121 (Cal. App. 2019):

"'Perhaps the most fundamental rule of appellate law is that the judgment challenged on appeal is presumed correct, and it is the appellant's burden to affirmatively demonstrate error.' [Citation.] '"We must indulge in every presumption to uphold a judgment, and it is defendant's burden on appeal to affirmatively demonstrate errorit will not be presumed. [Citation.]" [Citations.]' [Citation.]" (People v. Sullivan (2007) 151 Cal.App.4th 524, 549.) "[D]efendant further bears the burden to provide a record on appeal which affirmatively shows that there was an error below, and any uncertainty in the record must be resolved against the defendant. [Citations.]" (Ibid.) "'"[I]t is settled that: 'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.' [Citation.]" [Citation.]' [Citation.] 'The orders of the trial court are presumed to be valid and defendant has the burden of providing a record adequate to support his arguments on appeal.' [Citation.]" (Ibid.)

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