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Recordit local8/11/2023 ![]() ![]() The burden of overcoming the need for a verbatim reporter's transcript appears to be met where a verbatim recording of the proceedings is provided. Under these decisions, where the grounds of appeal make out a colorable need for a complete transcript, the burden is on the State to show that only a portion of the transcript or an alternative form of the record will suffice for an effective appeal on those grounds. The record that is necessary depends on the grounds for the appeal in the particular case. The Mayer and March decisions make clear, however, that the constitutionally required "record of sufficient completeness" does not necessarily mean a complete verbatim transcript other forms of the record, such as a statement on appeal, or a partial transcript may be sufficient. Municipal Court (1972) 7 Cal.3d 422, 427-428.) The California Supreme Court has also held that an indigent appellant is denied his or her right under the Fourteenth Amendment to the competent assistance of counsel on appeal if counsel fails to obtain an appellate record adequate for consideration of appellant's claims of errors ( People v. Both the United States Supreme Court and the California Supreme Court have held that, where the State has established a right to appeal, an indigent defendant convicted of a criminal offense has a constitutional right to a "'record of sufficient completeness' to permit proper consideration of claims." ( Mayer v. Rule 8.865 amended effective Maadopted effective January 1, 2009. (Subd (b) adopted effective March 1, 2014.) (b) Local procedure for determining contentsĪ court may adopt a local rule that establishes procedures for determining whether any of the items listed in (a) is not required for proper determination of the appeal or whether a form of the record other than a reporter's transcript constitutes a record of sufficient completeness for proper determination of the appeal. (Subd (a) amended and lettered effective Maadopted as unlettered subd.) (C) Any comment on the evidence by the court to the jury. (A) The oral proceedings on any defense motion denied in whole or in part except motions for disqualification of a judge (9) If the appellant is the defendant, the reporter's transcript must also contain: (8) The oral proceedings at sentencing, granting or denying probation, or other dispositional hearing (7) The oral proceedings on any motion for new trial (5) Any oral communication between the court and the jury or any individual juror ![]() (3) The oral proceedings at trial, but excluding the voir dire examination of jurors and any opening statement (2) The oral proceedings on any motion in limine (1) The oral proceedings on the entry of any plea other than a not guilty plea Contents of reporter's transcriptĮxcept in appeals covered by rule 8.867, when the parties have filed a stipulation under rule 8.860(b), or when, under a procedure established by a local rule adopted pursuant to (b), the trial court has ordered that any of these items is not required for proper determination of the appeal, the reporter's transcript must contain:
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