California, United States of America
The following excerpt is from People v. Sanchez, E062536 (Cal. App. 2015):
8.224.) Even though "all exhibits . . . are deemed part of the record . . ." (Cal. Rules of Court, rule 8.122(a)(3)), we have no way of reviewing any exhibit unless it is physically provided to us via one of these routes. "It is axiomatic that it is the burden of 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 actually 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.
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