California, United States of America
The following excerpt is from People v. Smith, H044392 (Cal. App. 2019):
an actual-injury requirement, it can hardly be thought to have eliminated that constitutional prerequisite"].) On appeal, we presume the judgment is correct, " ' "[a]ll intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown." ' [Citation.]" (People v. Giordano (2007) 42 Cal.4th 644, 666.)
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