Legal Opinion

People v. Malabag

California Court of Appeal

Decided January 3, 1997No. A072162PublishedCited by 13 opinions

1Opinion of the Court

Opinion

LAMBDEN, J.

By this appeal defendant urges us to vacate an order revoking probation and executing a suspended sentence for a previous conviction. Defendant contends he was denied his rights to a formal probation revocation hearing and his right to arraignment upon sentencing. He relies upon an incomplete reporter’s transcript to imply he did not waive these rights, in contradiction of a detailed clerk’s transcript which recorded his waivers. We will find he has failed to carry the burden of providing a sufficient record to support his arguments on appeal and has waived his right to seek…

2Cases cited11 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. Black v. RomanoSupreme Court of the United States · 1985
  3. People v. SmithCalifornia Supreme Court · 1983
  4. People v. ChessmanCalifornia Supreme Court · 1950
  5. In Re MossCalifornia Court of Appeal · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. ClevelandCalifornia Supreme Court · 2004
  2. People v. SullivanCalifornia Court of Appeal · 2007
  3. People v. AnzaloneCalifornia Supreme Court · 2013
  4. People v. FreitasCalifornia Court of Appeal · 2009
  5. Dakota Payphone, LLC v. AlcarazCalifornia Court of Appeal · 2011

8 more not listed; retrieve them via the Exa API.

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