CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Crim Presump-Burden Producing Evid.
.........Prior Convictions: In General
6 Cards On This Topic:

Instruction re prison records as evidence of prior felony conviction at most allowed jury to infer D had such a prior but did not relieve DA of burden of persuasion.

Procedure to be followed when determining constitutionality of prior convictions.

Burden is on party challenging constitutionality of prior conviction to present evidence; court need not do so sua sponte.

Minute or docket entries specifically listing D's constitutional rights must be prepared for particular case; not satisfied by forms containing printed recitals.

After DA makes prima facie showing of prior conviction, burden shifts to D to present evidence that rights violated; must present entire record, not just court docket.

Preprinted court forms reciting accused advised of rights with blocks checked showing D waived specific rights do not pass constitutional muster; do not show D actually advised of rights.