California Court of Appeal

Penal Code section 1016.5 establishes a rebuttable presumption affecting the burden of proof, rather than the burden of producing evidence, so a minute order can establish the trial court's advice to defendant even in the absence of a reporter's transcript.

Appellate Information

• Decided 07/19/2001
• Published 07/19/2001

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Carlos Vellanoweth, John Wolfgang Gehart and Elena Yampolsky, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Marc E. Turchin, Supervising Deputy Attorney General and Karen Bissonnette, Deputy Attorney General, for Plaintiff and Respondent.