What is the test for providing an adequate record to permit review of a claimed error?

California, United States of America


The following excerpt is from People v. Schmidt, E061429 (Cal. App. 2016):

the appellant to provide an adequate record to permit review of a claimed error, and failure to do so may be deemed a waiver of the issue on appeal." (People v. Akins (2005) 128 Cal.App.4th 1376, 1385.) Without seeing the photos, we can hardly say they were more prejudicial than probative, nor can we say it is reasonably probable that, if they had been excluded, the outcome would have been more favorable to defendant.

Separately and alternatively, we also reject defendant's contention for the following reasons.

Defendant never actually explains how either the photo of the rock or the two photos of the victim while still alive were more prejudicial than probative. Thus, he has forfeited his contention with respect to these photos. (People v. Stanley (1995) 10 Cal.4th 764, 793.)

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